(영문) 부산지방법원 2017.02.17 2016가단324263

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(영문) 부산지방법원 2017.02.17 2016가단324263

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1. The Defendants shall be paid KRW 88,250,000 from the Plaintiff, and at the same time real estate indicated in the attached Table to the Plaintiff.

Reasons

1. Basic facts

A. On May 18, 2016, the Plaintiff concluded a sales contract (hereinafter referred to as “instant sales contract”) with the deceased, with respect to the real estate listed in the separate sheet (hereinafter referred to as “the instant real estate”) owned by the deceased, the Plaintiff paid KRW 553,00,000 (the down payment of KRW 150,000,000 per day, the intermediate payment of KRW 50,000,000 on May 19, 2016, and the remainder of KRW 353,000,000 on May 30, 2016, and thereafter, paid the deceased the down payment of KRW 150,00,000 on the same day, and the intermediate payment of KRW 50,000,000 on May 19, 2016, respectively.

B. On the other hand, the Deceased died on May 20, 2016, before the remainder payment date, after having left for the Defendants as bereaved family members.

[Reasons for Recognition] Facts without dispute, entries in Gap evidence 1 to 11 (including each number), the purport of the whole pleadings

2. Determination

A. According to the facts of recognition as above, the Defendants, the deceased’s heir, barring any special circumstance, are obligated to complete the registration procedure for ownership transfer on May 18, 2016 with respect to shares of 1/4 of the instant real estate to the Plaintiff at the time of receiving payment of KRW 88,250,000 (=353,000,000 x 1/4) equivalent to the Defendants’ shares in inheritance (1/4) from the Plaintiff, as sought by the Plaintiff based on the instant sales contract, as the Plaintiff seeks.

B. Defendant E’s defense was determined by the following facts: (a) as at the time of the instant sales contract, the deceased, who was the seller, had no mental capacity due to the aggravation of consciousness due to the aggravation of consciousness due to the aggravation of physical illness, and thus, (b) the instant sales contract was null and void, but there is no evidence to acknowledge this; (c)

3. Conclusion, the plaintiff's claim is with merit. It is so decided as per Disposition.

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