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(영문) 제주지방법원 2017.08.28 2016가단5442
약정금
Text

1. As to the Plaintiff A andC’s KRW 17,277,677, and Plaintiff B’s KRW 26,335,749, and each of the said money, Defendant G’s KRW 17,277 and May 10, 2016.

Reasons

1. Basic facts

A. Family relationship of the deceased H (1) The network H died on October 6, 2008.

(2) The network H had the Plaintiff A, I, J, Defendant E, Defendant F, Defendant G, K, K, Plaintiff B, and Plaintiff C9 children before the birth, and the husband died before the Plaintiff’s death without any child and became his husband’s inheritor.

(3) On December 4, 2012, J transferred its share of inheritance to Plaintiff B, and died on October 19, 2013 without an heir.

(4) Meanwhile, while K died in 1982, on September 14, 1987, after having failed to file a death report, K filed a report on the death of December 17, 1987, on September 14, 1987, on which Plaintiff D (Defendant F’s pro-child)’s name was entered after K’s ex post facto birth.

B. The deceased H’s inherited property network owned each real estate listed in the separate sheet (hereinafter “instant real estate”) at the time of death, but the inheritor would purchase the instant real estate in Jeju Chinese Development Co., Ltd. (hereinafter “ Jeju Chinese Development”), around September 11, 2013, while the heir did not complete the inheritance registration, the heir agreed to complete the inheritance registration by agreement division in the name of the Defendants in order to facilitate the Jeju Chinese Development and the sales contract. The Defendants completed the registration of ownership transfer on October 14, 2013 each of the instant real estate due to inheritance by agreement division.

C. (1) On February 14, 2014, the Defendants entered into a sales contract with the Jeju Chinese Development and entered into a sales contract with the purchase price of KRW 1.5 billion for the instant real estate and received KRW 500 million as the down payment (Defendant E, Defendant F, and G KRW 200,000) on the day of the conclusion of the sales contract.

On February 19, 2014, Defendant G transferred KRW 20 million among them to Plaintiff B in accordance with the above distribution agreement.

(2) Since then, when the Defendants cancel the above sales contract on the grounds of the remainder payment, the Jeju Chinese Development.

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