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(영문) 대전지방법원천안지원 2014.09.05 2014가합100439
소유권이전등기
Text

1. The plaintiffs' primary and conjunctive claims are all dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Facts of recognition;

A. The plaintiff A, as the spouse of the deceased M (hereinafter "the deceased"), completed the marriage report on May 3, 2007. The plaintiff B and the plaintiff were children between the deceased and the plaintiff. The defendant C and the defendant D are the mother of the deceased, the defendant E, F, G, H, I, K, K, and L are the siblings or remaining siblings of the deceased.

B. Around May 2012, the Deceased died on October 15, 2012, when he/she received treatment after undergoing a climatic cancer surgery.

C. On October 12, 1999, the Deceased purchased the real estate listed in the separate sheet (hereinafter “instant real estate”) and completed the registration of ownership transfer. After the Deceased’s operation, the Deceased delegated Defendant F with all rights to dispose of the instant real estate, such as the sale and purchase of the instant real estate, the receipt of the price, and the transfer of ownership, etc., on behalf of the Deceased. Defendant F, on September 13, 2012, delegated the Deceased to Defendant F all rights to dispose of the instant real estate. The purchase price for N and the instant real estate shall be KRW 170,00,000 on behalf of the Deceased, and the down payment shall be KRW 20,000,000 on September 20, 2012, the remainder of KRW 150,000 on the date of the contract, and was paid KRW 20,000 on September 20, 201.

N intended to pay the balance of KRW 150,00,000 on September 20, 2012, which is the remainder date of the above sales contract. Defendant F was deemed to have delayed the remainder of the day, and N was to accept Defendant F’s demand, but N completed the registration of transfer of ownership on the instant real estate on September 20, 2012.

E. N intended to deliver the instant real estate by paying the remainder of KRW 150,00,000 on September 21, 2012, which is the day following the remainder of the above sales contract, but, as the Plaintiff refused to deliver the instant real estate, N did not pay any balance. As the Plaintiff’s continued refusal to deliver the instant real estate, N could not receive the instant real estate due to the Plaintiff’s continued refusal to deliver the instant real estate, N would return the instant real estate to Defendant F on behalf of the Deceased.

F. Accordingly, Defendant I and the instant case on September 28, 2012

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