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(영문) 제주지방법원 2018.01.11 2017가합10370
매매대금반환
Text

1. The Plaintiff:

A. 1) As to the shares of 1/3 by Defendant A, Defendant B, C, and D, in the separate sheet No. 1, the separate sheet No. 2.

Reasons

1. Determination as to the cause of claim

A. 1) On September 3, 2015, the Plaintiff was divided into each of the real estates listed in the attached Table 1,015 square meters in E and Seopoposi City Fwon 11,015 square meters (after that, each of the real estates listed in the attached Table 1).

(3) The agreement was made on January 14, 2016 to pay the balance of KRW 760,000 (300,000 on the date of the contract, and the balance of KRW 760,000,000,000 on the date of the contract).

2) The term “the first sales contract” under which a sales contract is to be made for purchase (hereinafter “the first sales contract”).

(2) On November 14, 2015, the Plaintiff entered into a sales contract with E to purchase KRW 1.1 billion (the contract deposit KRW 500 million was paid on the date of the contract, and the remainder KRW 600 million was paid on March 31, 2016) (hereinafter “the second sales contract”), and paid KRW 500 million on the date of the conclusion of the contract.

3) On January 14, 2016, the Plaintiff deposited KRW 760 million for the remainder of the first sales contract with the Jeju District Court No. 85 in gold (2016), and on March 31, 2016, the Plaintiff paid KRW 500 million to E under the name of Multi-Maomia Co., Ltd. (the Plaintiff’s partner) on November 29, 2016. The Plaintiff died on November 29, 2016, and the co-inheritors of E are Defendant A, Defendant B, C, and D, the spouse of the Plaintiff.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 4, 5, 6, 7 (including branch numbers, if any) and the purport of the whole pleadings

B. According to the above facts of recognition, Defendant A succeeds to the obligations under the first and second sales contract of E in proportion to the ratio of 1/3, Defendant B, C, and D 2/9.

Therefore, among the real estate listed in the separate sheet 1, Defendant A, Defendant B, C, and D, among the real estate listed in the separate sheet 1, shall take the procedure for the registration of ownership transfer for sale on September 3, 2015 with respect to shares of 1/3, Defendant B, C, and D, as to shares of 2/9, and the shares of each of the real estate listed in the separate sheet 2, as to shares of 1/3, Defendant B, C, and D on November 14, 2015.

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