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(영문) 서울남부지방법원 2017.10.17 2017가단388
매매대금
Text

1. All claims filed by the plaintiff (appointed party) and the designated parties are dismissed.

2. The costs of lawsuit are assessed against the plaintiff (appointed party) and the plaintiff.

Reasons

1. Basic facts

A. The registration of ownership preservation was completed in the name of S, T, U, and V on May 11, 1984 with respect to each of 1/4 shares of 1705 square meters (hereinafter “instant land”).

B. On February 12, 2003, the Plaintiff and the designated parties jointly inherited 1/4 of the shares of T in the instant land with T descendants.

C. On April 15, 2015, S 2 Nam sold to X the remaining 3/4 shares of the instant land except for 1/4 co-ownership shares of V out of the instant land at KRW 210 million, and the ownership transfer registration was completed in X’s name on June 10, 2016.

The defendant keeps the remainder of the purchase price after using it as expenses such as capital gains tax and brokerage commission.

[Ground of recognition] Unsatisfy, Gap 1 and 2 evidence

2. Determination

A. 51,66,67 won out of the remaining KRW 155,500,000,000,000 for 3/4 shares of the instant land, which is the main property owned by the Plaintiff’s assertion, is the purchase price for the shares owned by the Plaintiff and the designated parties, and thus, the Defendant is obligated to pay each money indicated in the purport of the claim to the Plaintiff and the designated parties in proportion to their inheritance shares.

B. In full view of the evidence Nos. 3, 1, 3, 6, and 16, the following facts can be acknowledged in light of the overall purport of the pleadings.

(1) The Plaintiff A and the Defendant’s high tide Y had four types of Z, AA, AB, AC, etc. (hereinafter “two-year-old descendants”), and the second-year-old grandchildren had seven children, such as AD, AE, AF, and S, T, U, and V, the nominal owner of the instant land (hereinafter “three-year-old grandchildren”), and the third-year-old grandchildren had fifteen children, such as the Plaintiff and the Defendant.

(2) The third-year-old grandchildren purchased the instant land in around 1974 by cutting back the white brus by the house of the second-year-old grandchildren in around 1971, raising their assets based on them, and completing the registration of ownership transfer for each 1/4 in the name of four persons among seven persons of the third-year-old grandchildren on May 11, 1984.

(3) this paragraph.

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