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(영문) 대전지방법원 2017.02.10 2015가합106244
청구이의
Text

1. The plaintiff's main claim is dismissed.

2. The Defendant’s judgment against the Plaintiff was rendered on February 19, 2014.

Reasons

Facts of recognition

On September 16, 2010, the Defendant purchased KRW 649,000,000,000,000,000,000 for the contract deposit and intermediate payment of KRW 60,2,50,000,000 on the date of the contract, and the remainder of KRW 482,50,000 on December 16, 2010, to pay KRW 3880,00,000 among the remainder of the contract (to substitute for payment by accepting KRW 380,00,000,000 out of the net’s debt to the Daejeon Livestock Cooperative).

(hereinafter “instant sales contract”). Accordingly, the Defendant paid the sales amount in the above manner.

The deceased B died on August 30, 201, and the Plaintiff, D, E, and F (hereinafter “instant inheritors”) succeeded to the deceased’s property.

D On November 17, 2011, the instant inheritor notified the Defendant that “The instant land will be inherited and registered and sold to a third party, and if no objection is raised by the Defendant within seven days, it will be disposed of.”

On November 22, 2011, the Defendant responded to D that “The Defendant has already completed the payment pursuant to the instant sales contract for the instant land, and thus, sent a certificate of the content that urged D to implement the procedure for the registration of ownership transfer again on December 16, 201.

Since then, the defendant sent documents related to the payment according to the sales contract of this case to D several times.

However, on February 16, 2012, the above inheritors decided the land of this case to be owned solely by the Plaintiff through an inheritance division consultation, and completed the registration of ownership in the name of the Plaintiff on February 29, 2012.

The defendant, on March 13, 2012, filed a claim against the plaintiff on March 28, 2012, for the registration of ownership transfer to the defendant by March 28, 2012, and for the return of the purchase price already paid, if not performed.

“The Plaintiff did not comply with the notification.”

The defendant on April 25, 2012.

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