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(영문) 서울남부지방법원 2014.10.21 2013가합107943
상속지분에 따른 금전지급청구권 대위청구
Text

1.(a)

The monetary donation contract concluded around August 2010 between the defendant and the deceased C shall be within the limit of KRW 208,642,864.

Reasons

1. Basic facts

A. On August 6, 2008, the Plaintiff entered into a sales contract with the deceased on August 6, 2008 (hereinafter “the instant sales contract”) with the content that the Plaintiff purchases, from the deceased, a multi-household house with DD 123.4 square meters in Seoul, Dongjak-gu and the third floor of the ground brick slurbed roof (hereinafter “instant real estate”) KRW 870 million in price (hereinafter “instant sales contract”).

However, on July 23, 2010, the deceased, who did not pay the remainder of the intermediate payments and remainder of the down payment of KRW 150 million out of the down payment of KRW 80 million and intermediate payments according to the instant sales contract, sold the instant real estate to E again on July 23, 2010, KRW 954 million, and completed the registration of ownership transfer in the name of E on August 4, 2010.

B. After that, the deceased died on October 24, 201. The property of the deceased was inherited by the Defendant, who is the husband, in proportion to 3/15 shares, F, G, H, I, J, and K, each of the shares of 2/15 shares in the husband, and the F, G, H, H, and I reported the qualified acceptance of the deceased’s inherited property on July 31, 2012, and the said report was accepted on August 8, 2012.

In addition, as K died on March 1, 2012, L, which is the wife of K, succeeded to the 3/7 shares of K, M and N, which are the children of K, respectively, 2/7 shares.

C. On June 9, 2012, the Plaintiff filed a lawsuit against the deceased’s inheritors, including the Defendant, for the claim for the refund of the purchase price, as Seoul Southern District Court 2012Gahap10875. In the process of the said lawsuit, the Plaintiff filed a claim for the refund of the purchase price corresponding to each share of inheritance and the payment of penalty.

Accordingly, on August 20, 2013, the said court rendered a judgment that “the Plaintiff shall pay the purchase price refund and penalty equivalent to each inheritance share, and F, G, H, and I shall pay the purchase price refund and penalty equivalent to each inheritance share, and F, G, H, and I shall pay the purchase price refund and penalty equivalent to each inheritance share within the scope of inherited property,” and the said judgment became final and conclusive on September 11, 2013.

After the above judgment was rendered, the defendant, L, M, and N.

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