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Reasons
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(영문) 서울서부지방법원 2017.06.13 2016나36649
약정금
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1.The judgment of the first instance court, including a claim that has been reduced and expanded in the trial, shall be modified as follows:

Reasons

1. Basic facts

A. The Plaintiff is a co-born with the deceased G (hereinafter “the deceased”). The Defendants are children of the deceased.

B. On April 2012, the land listed in Paragraph 1 of the Attached List (hereinafter “instant land”) was registered as co-ownership of the deceased’s 61/75 shares and the Plaintiff’s 14/75 shares. Around that time, the building listed in Paragraph 2 of the Attached List on the ground of the instant land (hereinafter “instant building”) was registered as a sole owner.

C. On October 19, 2012, Defendant B and the Plaintiff, representing the Deceased, sold to I totaled KRW 1,400,000,000 of the instant land and buildings (hereinafter “instant sales contract”), among which the instant land price was KRW 980,000,000, and the instant building price was KRW 420,000.

B until December 27, 2012, I paid the sum of KRW 1,160,000,000 in the purchase price to the account in the name of the Deceased. The Plaintiff and the Deceased paid the registration of ownership transfer on the instant land and buildings to I and J designated by I on the same day.

E. The Defendants, on behalf of the Deceased, who kept the sales proceeds of the instant land and buildings in custody on behalf of the Deceased, paid the said capital gains tax, etc. imposed on the Plaintiff in two installments around February 28, 2013 and around April 2013.

F. On April 1, 2013, I remitted the remaining sales amount of KRW 240,00,000 to the deceased’s account. On the other hand, the deceased died on January 10, 2015, and the Defendants jointly inherited the deceased.

G. The Defendants obtained consent from the Plaintiff on February 26, 2016, KRW 182,93,333 ( KRW 980,00,000 x 14/75) equivalent to the Plaintiff’s share out of the instant land purchase price of KRW 980,00,00,00, and KRW 44,629,020,020, and brokerage commission corresponding to the Plaintiff’s share, and KRW 1,86,666, and Plaintiff’s share.

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