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(영문) 대전지방법원홍성지원 2017.05.23 2016가단5849
매매대금반환
Text

1. All of the plaintiff's claims are dismissed.

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

Reasons

1. Basic facts

A. The relationship between the parties, etc. 1) the net K (Lar, hereinafter “Plaintiff’s Deceased”)

(1) On October 1, 2004, the deceased died on October 1, 2004, and the deceased’s inheritors M&, N,O, P, Q, and the Plaintiff. The inheritor of the deceased on the part of the Plaintiff is 20,430 square meters (hereinafter “the instant forest”). The heir of the deceased on the part of the Plaintiff is 20,430 square meters of R

Of the attached drawings indication 1, 2, 3, 4, 5, 6, 7, 8, 6, 9, 6, 601 m2 (hereinafter referred to as “the land of this case”) connected in sequence each point of 1,2, 3, 4, 5, 5, 7, 1.

(2) The deceased S (hereinafter “Defendant Deceased”) died on March 4, 2009, and as at the time of the death, U and the Defendants were the heir at the time of the death.

The above U died on February 21, 2016, and the Defendants were the successors.

B. 1) The Defendant’s Deceased entered into a sales contract with the Daejeon District Court’s budget registry office on June 21, 1980 on the instant forest, with the registration of ownership transfer as to the instant forest. 2) The Defendant’s Deceased entered into a sales contract with V and W on August 24, 2004 on the instant forest, and entered into a sales contract with the Daejeon District Court’s budget registry office on August 24, 2004 on the purchase price of KRW 92.7 million, and completed the registration of ownership transfer in V and W’s name.

C. The Plaintiff (the Plaintiff’s deceased on the part of the Plaintiff during the litigation) (the Plaintiff’s death during the litigation) took over the lawsuit of the deceased on the part of the Plaintiff.

(1) On August 13, 1994, the Defendant sold the entire forest of this case to V and W, even if the Plaintiff’s deceased sold the land of this case out of the forest of this case to 2.5 million won, and V and W actively participated in the Defendant’s breach of trust by the Deceased on the part of this case. The Defendant asserted that “V and W actively participated in the act of breach of trust by the Defendant’s deceased on the part of this case.” This Court Nos. 2004Ga7309 and 2005Gada8552 (a combination of land of this case with respect to V and W).

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