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(영문) 서울고등법원 2018.11.14 2018나2013712
기타(금전)
Text

1. Revocation of the first instance judgment.

2. All plaintiffs' claims are dismissed.

3. Total costs of litigation are assessed against the Plaintiffs.

Reasons

1. Basic facts

A. The Plaintiffs are legal successors of the deceased G (Death on May 26, 2017, hereinafter “the deceased”).

B. On January 18, 2005, the Defendant purchased each of the real estate listed in the separate sheet Nos. 1 through (5) from the Deceased (24,895,000, intermediate payment and remainder 224,05,000) from the Deceased for the purpose of implementing an urban development project in the vicinity of Pyeongtaek-si H, and the Defendant entered into a sales contract with the Deceased to pay each of the real estate listed in the separate sheet Nos. 1 through (5) (the contract amount of KRW 24,895,00, intermediate payment and remainder 224,05,00) and the separate sheet Nos. 6 through 12,82,729,000 (the contract amount of KRW 282,272,90, intermediate payment and remainder amount of KRW 2,540,456,100).

C. On January 18, 2005, the Defendant paid the Deceased KRW 307,167,90 in total, and KRW 100,000 in part payment on November 30, 2005, respectively, and on September 21, 2006, deposited part payment of KRW 80,000,000 in Suwon District Court Geumwon District Court’s gold No. 1913 on September 21, 2006.

On December 18, 2006, the Deceased concluded a sales contract to sell each of the instant real estates listed in the separate sheet (hereinafter “each of the instant real estates”) with J on December 18, 2006, and the Defendant filed a lawsuit against the Deceased on the grounds of the instant sales contract under the Suwon District Court Seowon District Court Decision No. 2008Gahap1813, the Defendant filed a lawsuit against the Deceased for the implementation of the procedure for the transfer of ownership

On April 24, 2009, the above court sentenced the defendant to the effect that "the deceased shall receive KRW 1,864,511,100 from the defendant, and at the same time, he shall implement the procedure for the registration of ownership transfer for each of the real estate of this case on January 18, 2005." Accordingly, the appeal and appeal by the deceased were dismissed, and the above judgment became final and conclusive.

E. From January 11, 201 to April 15, 2013, the Deceased urged the Defendant to pay a balance under the instant sales contract and transfer ownership of each of the instant real estate.

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