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(영문) 서울중앙지방법원 2021.03.10 2020가단5249632
매매대금
Text

Defendant L is on each of the money and each of the said money recorded in the claim amount column in attached Form 1 of the calculation table for the primary claim amount against the Plaintiffs.

Reasons

1. As to Defendant L

A. In full view of the purport of the entire pleadings, the facts of the reasons for the claim in the separate sheet Nos. 1 through 8 can be recognized.

B. According to the facts of the determination as to the cause of the claim, the defendant L is obligated to pay the plaintiffs the delayed damages calculated at each rate of 12% per annum as stipulated in the Civil Act from December 28, 2018 to October 5, 2020, the delivery date of a copy of the complaint in this case, and 5% per annum as stipulated in the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings, from the next day to the day of full payment.

(c)

Defendant L, as to the assertion of Defendant L, N, the Plaintiff, etc., who was the heir of N at the time of the instant sales contract, has completed the registration of inheritance, it is not effective to delegate to the instant sales contract by Plaintiff, etc., and the instant sales contract was concluded only with Defendant L equity (1/4). However, the inheritance becomes effective immediately after the death of the person under the influence. Thus, even if the N did not complete the registration of inheritance of the instant land after the death of N, the Plaintiff, etc. did not complete the registration of inheritance.

Even if the Plaintiff et al. dispose of their inheritance shares, and thus, delegation to the instant sales contract by the Plaintiff et al. is valid, and the Defendant M& corporation concluded the instant sales contract between N on December 27, 2018, and I, H, J, and K’s agent P and Defendant L with respect to the instant forest land, as seen in the above facts of recognition. Thus, the Defendant L’s assertion is without merit.

2. As to Defendant M& corporation

(a) Indication of claims: To be as shown in the reasons for the claims;

(b) Judgment deemed a confession: Article 208 (3) 2 of the Civil Procedure Act

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