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(영문) 대구지방법원상주지원 2015.07.15 2014가단3114
소유권이전등기
Text

1. As to the real estate listed in the separate sheet to the Plaintiff, as to the portion of 6/26 shares, Defendant B and C, and Defendant E, 1/26.

Reasons

1. Basic facts

A. The deceased I’s death and the inheritance of real estate 1) I is the real estate listed in the separate sheet (hereinafter “instant real estate”).

The owner of the instant real estate was deceased on June 20, 1985.2) Accordingly, among the instant real estate, the Defendant D, E, and H inherited each of 6/26 shares of 6/26 shares, i.e., the wife B of I and the family heir of Australia, and inherited each of 1/26 shares of Defendant D, E, each of whom was the father of I who was not identical due to their marriage. Defendant F, G, and H inherited each of 4/26 shares.

B. (1) On May 3, 2003, the Plaintiff signed a sales contract and entered into a contract with respect to the instant real estate, etc. (hereinafter “instant sales contract”) with Defendant B and F to represent the Defendants, and with the presence of J, to purchase the instant real estate in KRW 1,068,00 from the Defendants (hereinafter “instant sales contract”).

In relation to the payment of the purchase price, Article 2 of the above sales contract provides that “In selling and selling the instant real estate, the buyer pays the purchase price to the seller as follows. The down payment amount of KRW 9 million shall be paid to the seller at the same time as the contract is concluded. The balance of KRW 1.680,000 shall be paid to the seller at the time when the inheritance is required.” 2) In examining the party column of the sales contract of this case (Evidence A No. 2-1), ① Defendant B and F entered the name of the seller as the seller’s representative, and the seal of Defendant B and C affixed to his name.

② The name of Defendant C, E, G, and H is indicated by the seller, and among them, the stamp image of Defendant C, E, and G is affixed to the name of Defendant C, E, and G.

3) The Plaintiff paid the down payment of KRW 9 million to the Defendant C’s account on the date of the conclusion of the instant sales contract, and paid the remainder of KRW 1.68 million on February 6, 2006. [Grounds for recognition] The Plaintiff did not dispute any dispute, and the evidence A of subparagraphs 1 through 4 (including the serial number; hereinafter the same shall apply).

the witness J’s testimony and the purport of the whole pleading

2. The assertion and judgment

A. Determination on the cause of the claim 1.

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