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(영문) 대전고등법원 2016.04.25 2014나13301
소유권이전등기
Text

1. Of the judgment of the court of first instance, the part against the plaintiffs regarding the conjunctive claim that orders payment below shall be revoked.

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 with the deceased, and the plaintiff B is children between the deceased and the plaintiff, and the defendant C is the father, the defendant F, I, and J 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. The instant real estate is the real estate owned by the deceased who purchased on October 12, 199 and completed the registration of ownership transfer.

On September 11, 2012, the Deceased issued 10 copies of a certificate of personal seal impression for real estate sale and 10 copies of a general certificate of personal seal impression, and on September 12, 2012, the Deceased entrusted Defendant F with all rights related to the sale and purchase of the instant real estate, receipt of the price, transfer of ownership, etc. to dispose of the instant real estate, and issued the said certificate of personal seal impression to Defendant F.

Defendant F, on behalf of the Deceased on September 13, 2012, entered into a sales contract with N for the instant real estate at KRW 170 million, and the remainder KRW 20 million on the date of the contract, and the remainder KRW 150 million on September 20, 2012 (hereinafter “first sales contract”).

N transfer the down payment of KRW 20 million on the date of the contract to the deceased’s account (CF Q), and Defendant J transferred the said KRW 20 million from the deceased’s above account to the Defendant C’s account on the same day according to Defendant F’s instruction.

N intended to pay a balance of KRW 150 million on September 20, 2012, which is the remainder date of the 1st sale contract, but Defendant F requested that the remainder be postponed as a day, and the N completed the registration of transfer of the instant real estate in the name of N on September 20, 2012, upon Defendant F’s receipt of the said request by Defendant F, but the registration of transfer is to be made first.

E. N paid a balance of KRW 150 million on September 21, 2012, and intended to receive the instant real estate, but the Plaintiff did not pay any balance following the Plaintiff’s refusal to deliver the said real estate.

N. The Plaintiff.

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