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(영문) 수원지방법원 2015.07.16 2013가합16438
부당이득금반환등
Text

1. The Defendant-Counterclaim Plaintiff (Counterclaim Defendant) on April 17, 2013 regarding real estate stated in paragraph (1) of the attached Table to the Plaintiff-Counterclaim Defendant A.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Facts of recognition;

A. F The deceased on September 22, 2010 (hereinafter “the deceased”)’s heir was the Plaintiff B, C, and D, the wife, and the Defendant is the deceased’s husband.

B. On November 20, 1990, the Defendant and the Deceased concluded a sales contract to purchase from G to 660,000,000 the Ha, Chungcheongnam-gun, and nine parcels outside the Ha, Chungcheongnam-gun, and then changed the contents of the said sales contract by excluding one parcel of land among the objects of the said sales contract, thereby purchasing at KRW 570,00,000. After which each parcel of land (hereinafter referred to as “individual land”) is referred to as “I”, the parcel number was changed as indicated below.

The changed lot number subject to purchase shall be the Seo-gu, Seo-gu, Seo-gu, Seo-gu, Seo-gu, Seo-gu, Seo-gu, Seo-gu, Seo-gu, Seo-gu, Seo-gu, Seo-gu, Seo-gu, Seo-gu, Seo-gu, Seo-gu, Seo-gu, Dong-gu, 1,654 square meters, N-gu, Seo-gu, Seo-gu, Seo-gu, Seo-gu, Seo-gu, Seo-gu, Seo-gu, Seo-gu, Seo-gu, Seo-gu, 1,654 square meters, P, 1,654 square meters, and 145 square meters, Seo-gu, Seo-gu, Seo-gu, Y-gu, Y-gu, Seo-gu, Y-gu, Seo-gu, Y-gu, Seo-gu, Seo-gu, Da-gu, 1,831 square meters, Y-gu, Seo-gu, Seo-gu, Seo-gu, Seo-gu, Seo-gu, 388 square.

C. The Defendant and the Deceased concluded a title trust agreement with respect to seven parcels of land (I, U, R, X, P, N, and L), among land subject to the above sales contract with A, and completed the registration of ownership transfer in the name of AA on December 24, 191.

On February 15, 1994, a receipt drawn up in the name of the deceased as follows was written in written form in hand, but the relevant letters were not written by the deceased, but by the design of the deceased’s name affixed on the receipt, affixed with a seal affixed to the documents in the name of the defendant, as the labbbing design.

T. Receipt T. E 140,000,000 Won H, as well as nine parcels (1/2, respectively), there are circumstances out of the land contract price in November 20, 1990.

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