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(영문) 서울고등법원 2018.11.23 2018나2023405
손해배상(기)
Text

1. The part of the judgment of the court of first instance regarding the plaintiffs is modified.

All of the plaintiffs' primary preliminary claims are dismissed.

2...

Reasons

1. Basic facts

A. The deceased E (only “the deceased”) died on August 25, 2016.

The Plaintiffs are children born between the deceased and a de facto marital relationship with the deceased (Death around April 2004) and the deceased, and the co-Plaintiff A in the first instance trial is a child born between the deceased and the deceased’s wife T (Death around December 2012).

The co-Plaintiff A of the first instance court renounced the deceased's property inheritance.

B. From 1980 to 1980, the Defendant, while lodging and lodging at the Deceased’s house, did not receive any benefit, helps the Deceased and the Network S’s house work or attempted to operate the network S’s restaurant.

The Defendant purchased the real estate of this case in KRW 270 million, as the deceased’s test.

The defendant shall pay the deceased the down payment of KRW 27 million on the day of the contract, and ② the balance of KRW 243 million on April 21, 2014, respectively.

C. On March 20, 2014, with respect to the H heading of the Dongdaemun-gu Seoul Building, which was owned by the Deceased (hereinafter “instant real estate”), a sales contract was formulated on March 20, 2014 between the Deceased and the Defendant, as follows:

(A) No. 7, hereinafter “instant sales contract”). D.

On April 21, 2014, the registration of transfer of ownership in the name of the defendant (hereinafter “the instant registration of transfer”) was completed on the instant real estate. The grounds for registration on the registry were stated as “the instant sales contract”.

E. On June 3, 2014, the Defendant entered into a contract with I to sell the instant real estate in KRW 270 million, and completed the registration of ownership transfer in the name of I on the 27th day of the same month.

[Reasons for Recognition] Facts without dispute, Gap evidence Nos. 1 through 7, 26 through 28, 30, Eul evidence No. 4 (including evidence with provisional number), the purport of the whole pleadings

2. Judgment on the main claim

A. The plaintiffs 1 plaintiffs are obligated to pay the deceased the purchase price of KRW 270 million according to the sales contract of this case.

Since the plaintiffs inherited one half of the deceased's property after the death of the deceased, the defendant shall be the plaintiffs.

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