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(영문) 의정부지방법원 고양지원 2017.01.13 2016가합72016
정산금 등 청구의 소
Text

1. The plaintiff's respective claims against the defendants are all dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. The plaintiff is the husband of the F, who is the female of the defendant B, and the plaintiff and the defendant B are the husband of the F, and the defendant C is the children of the defendant B.

B. In around 1989, the Plaintiff paid KRW 40 million to Defendant B as the land purchase fund. The Defendant B, along with his money, purchased KRW 853m2,277m2 (hereinafter “H land before the land substitution”) and purchased KRW 2,277m2 in Pyeongtaek-si G-si G (hereinafter “Seoul land before the land substitution”) and H 853m2 in May 16, 1989 in addition to his money, and completed the registration of ownership transfer under Defendant B’s name, the share in H land before the land substitution, and the share in KRW 2,453m2 in the name of Defendant B, and the share in KRW 3,531,538 in the name of Defendant B when specifying the location of the land.

Since then, the share portion among H land before replotting was transferred to Defendant B due to the partition of co-owned property on February 8, 2002.

C. On August 10, 2004, Defendant B entered into a sales contract to sell G land prior to replotting to K for KRW 500 million, and around September 2004, Defendant B paid the Plaintiff the remaining KRW 400 million after deducting all of the costs of KRW 500 million out of the above sales price.

On the other hand, by a land readjustment project conducted on July 15, 2013, G land before replotting was replaced with L big 307 square meters. Before replotting, H land was replaced with three lots, including MJ land 298.4 square meters and N large 304.6 square meters and O large 671.5 square meters.

(O) On February 19, 2014, Defendant B sold M’s land to P, 386 million won, and N’s land to Q, KRW 394 million on March 6, 2014, KRW 220 million on October 22, 2014, KRW 50 million on October 10, 2014, KRW 10 million on July 31, 2015, and KRW 190 million on October 25, 2015.

[Ground for recognition] Unsatisfy, Gap evidence No. 1.

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