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(영문) 서울중앙지방법원 2017.11.14 2017가합505068
채권자대위청구의소
Text

1. The Defendant’s each of the Plaintiffs’ KRW 661,865,00, as well as 5% per annum from July 29, 2016 to June 15, 2017.

Reasons

1. Basic facts

A. The plaintiffs and the defendant are children of D (the date of the closing of argument in this case, died at around 11:48, October 24, 2017). D's children are E, F, G, H, and I, in addition to the plaintiffs and the defendant.

(8) Of South Korea, E is the largest age, and thereafter, the following is the order of Defendant, F, G, Plaintiff A, H, I, and Plaintiff B.

L, the owner of JJ 24 square meters and K 511 square meters (hereinafter collectively referred to as “instant land before the instant subdivision”) at the time of the purchase of land under the Defendant’s name, was the owner of the instant land prior to the instant subdivision under the Defendant’s name on March 6, 1970, concluded on March 6, 1970 (the sale price is KRW 331,200; hereinafter referred to as “instant sales contract”). Around that time, the registration of ownership transfer was completed in the Defendant’s name as to the instant land

C. On February 15, 1978, the land before the instant subdivision was divided, land category change, and land category change thereafter, and the land before the instant subdivision became 1,769 square meters before J around the Cheongju-si around February 15, 1978 (in spite of the division, land category change, and consolidation, the land before the instant subdivision, which was first registered under the Defendant’s name, and its location, area, etc. were identical.

(2) On June 7, 199, part of the plan was divided into 212 square meters prior to Cheongju-si, Cheongju-si, and around that time, the part was divided into 11 square meters prior to Cheongju-si, Cheongju-si, and the other part was divided into 11 square meters prior to Cheongju-si, Cheongju-si, and the other part was divided into 20 square meters prior to Cheongju-si, Cheongju-si, Cheongju-si, and the ownership transfer registration was completed on March 31, 2005. The other part was divided into 43 square meters prior to Cheongju-si, Cheongju-si, Cheongju-si, and the Defendant continued to register the remaining part of the plan under the name of 30 square meters prior to Cheongju-si, Cheongju-si, 1990, and 43 square meters prior to 15 square meters prior to 20,203.

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