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(영문) 서울고등법원 2016.12.13 2016나2054672
매매대금
Text

1. The part against the plaintiff corresponding to the money ordered to be paid under the judgment of the court of first instance shall be revoked.

The defendant.

Reasons

1. Basic facts

A. On February 16, 1995, the Plaintiff, C, and D completed the registration of transfer of ownership based on the inheritance of the divided property on November 4, 1979, with respect to one-third shares of each of the land of 3,286 square meters in Yongsan-si, Young-si.

B. Meanwhile, the said land was divided into a size of 1,204 square meters (hereinafter “instant F land”), a size of 944 square meters prior to G, a size of 1,137 square meters prior to H (hereinafter “instant H land”) and a size of 1 square meters prior to I.D. (hereinafter “instant land”), following multiple divisions and mergers.

C. On September 21, 1995, the Plaintiff obtained a building permit for the instant F land from the G-W-gun, and around that time newly constructed a lightweight steel-frame building 199.4m2, which is an automobile trading-related facility on the above land.

D Upon the death of D, the Defendant, his children, completed the registration of ownership transfer on June 10, 199 with respect to one-third shares of the network D's one-third shares among each of the above lands on November 19, 198 due to inheritance by division as of November 19.

E. The Korea Land and Housing Corporation accepted the G land in this case on March 29, 2001, and the J, the birth of C and the defendant, received half of the compensation for the said G land in installments with the consent of the plaintiff.

F. On September 2, 2015, the Plaintiff, the Defendant, and the C concluded a sales contract with the instant F land and buildings thereon, and the instant H land and the instant land in the Suwon-si District for sale at KRW 5,545,505,985 (hereinafter “instant sales contract”), and received 1/3 of the said sales price from the Ghana.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 5, 7, Eul evidence No. 1 (including each number, if any) and the purport of the whole pleadings

2. Determination of the parties' arguments

A. The Plaintiff’s assertion 1 by the parties concerned shall independently occupy the said land while constructing a building on the instant land F.

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