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(영문) 대구지방법원김천지원 2015.10.29 2014가단10317
채무부존재확인
Text

1. The part concerning the claim for the confirmation of the existence of an obligation in the principal lawsuit of this case shall be dismissed.

2. The plaintiff (Counterclaim defendant) is the opposing defendant.

Reasons

1. Facts of recognition;

A. The Plaintiffs and the Defendant-related Plaintiff are lineal descendants of the deceased F (the deceased’s death on March 7, 2012, hereinafter “the deceased”). The Defendant is a person who managed the deceased’s domestic real estate including each real estate listed in the separate sheet No. 1 (hereinafter “each real estate of this case”) in which the deceased resides in Japan, and who is double termed.

B. On May 30, 1983, the Defendant entered into a pre-sale agreement and provisional registration with the Deceased on May 30, 1983 with regard to the purchase and sale of each of the instant real property, “The price shall be determined at KRW 7 million and shall be paid to the seller at the same time as the purchase and sale declaration is made at the same time.” The Defendant paid KRW 7 million to the Deceased on the same day.

In addition, the provisional registration of the right to claim transfer of ownership (hereinafter “the provisional registration of this case”) was completed under the name of the Defendant on May 30, 1983, by the receipt of No. 7620 of the old Daegu District Court’s Office not registered on May 30, 1983, as to the 375 Gu-U.S. G 375.

The land of the Gu, the Gu, the Si, the Si, the Si, H 609 square meters, and the land of the Gu, the Gu, the Gu, the Si, the Si, the Gu, was replaced by the land of paragraph 3 on March 4, 19

On June 15, 1983, the provisional registration of the right to claim ownership transfer was completed on June 15, 1983 in the name of the defendant, No. 8507 of the Daegu District Court's Office for Unregistered Property and No. 8503, Jun. 15, 1983.

C. From March 26, 2007 to February 28, 2012, the Defendant stated that the sum of KRW 231,003,510, as shown in the attached Table 2, is KRW 230,976,510, as the Defendant stated in the attached Table 2, the Defendant appears to be an obvious error in calculation.

d. the transfer was made.

The defendant who has paid local taxes and income taxes on each real estate of this case shall be local taxes on behalf of the deceased, 887,180 won from around 1999 to December 201, and 2.

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