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(영문) 수원지방법원 2016.11.30 2014나5927
매매대금
Text

1. The plaintiff's appeal and the plaintiff's claim expanded in the trial are dismissed.

2. Demanding and expanding the costs of appeal.

Reasons

1. Basic facts

A. On June 20, 198, A purchased 22/198 shares of each of the real estate listed in the separate sheet (hereinafter “each of the instant real estate”) inherited by C from C on June 20, 198 (hereinafter “each of the instant real estate”).

A filed a lawsuit on confirmation of ownership of the instant real estate against the Republic of Korea on October 29, 192 by subrogation of C, and sentenced to a judgment on October 29, 1992 that “22/198 shares out of each of the instant real estate are owned by C” (Seoul Central District Court 92Da34747), and the Republic of Korea appealed, but the Republic of Korea appealed on September 6, 1995 (Seoul High Court 92Na66932), but the Republic of Korea appealed, but the Republic of Korea appealed on March 12, 1996.

(Supreme Court Decision 95Da46166). B.

A on August 17, 2006, H farming association (Representative I) sold A’s share in each of the instant real estate at KRW 100,000,000 (20,000,000 for contract deposit, intermediate payment of KRW 40,000,000 for intermediate payment of KRW 40,000,000 for remainder, and KRW 40,000 for remainder of KRW 17, 2006, and H farming association paid KRW 20,000 for each of the instant real estate to A.

The real estate sales contract of this case is based on the case number (95Da46166) of the Supreme Court's final judgment (95Da46166) to enter into only A's share contract on the following terms based on the judgment of transfer of ownership between A and G on the case of co-inheritors C (22/198).

Of co-inheritorss of the sale and purchase real estate, the real estate subject to the sale and purchase of this contract, which is the object of the sale and purchase of the real estate indicated in this contract, shall be the real estate jointly inherited by co-inheritors, among the co-inheritors (the inheritance shares 22/198) 945,74, G's shares excluded from G 873,051.

C. The intermediate payment of KRW 20 million in the total amount of each of the instant real estate: The remainder of KRW 40 million in the intermediate payment of KRW 20 million in the sales amount of KRW 8,508,272 A equity 72,423: 20 million: The remainder of KRW 10 million;

= A contract with the purchase price = A contract with the partnership corporation: A contract with the purchase price = a transfer of ownership and a transfer of tax ownership.

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