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(영문) 수원지방법원안양지원 2020.06.26 2019가합102586
분양대금 등 반환 청구의 소
Text

Plaintiff

A,

(a) Defendant J, K, L, and M jointly KRW 41,833,33, and as regards them:

B. Defendant E shall be entitled to the above paragraph (a).

Reasons

1. Basic facts

A. The Plaintiffs entered into each of the instant sales contracts (hereinafter “instant sales contracts”) with respect to the partial headings of the network O, P, Q and Defendant J, K, K, L, and M (hereinafter “O”) and five lots of ground buildings outside Gangdong-gu Seoul Metropolitan Government (hereinafter “instant building”) as follows.

Plaintiff C, on December 13, 1995, 200, Plaintiff 59,622,000 under the ground floor T on March 30, 21995, Plaintiff B, B, 3, 84,313,000 under the ground floor U on January 10, 1995, Plaintiff C, 4, 56,712,000 under the ground floor V Nos. 86,712,00 on January 13, 1995

B. The plaintiffs Gap paid part of the purchase price for the second floor S of the building of this case, 200,000 won out of the sale price for the second floor T of the building of this case, 29,000,000 won out of the sale price for the second floor T of the building of this case, and 67,20,000 won out of the sale price for the second floor U of the building of this case, and 41,00,000,000 out of the sale price for the second floor D with respect to the second floor D of the building of this case.

C. On January 15, 1996, the registration of initial ownership was completed in the name of the networkO, etc. on the instant building to be expropriated. On March 22, 2019, while the networkO, etc. did not follow the procedures for the registration of ownership transfer with respect to the instant building to be expropriated until now, the adjudication of expropriation was rendered on May 10, 2019, with respect to the entire building of this case as KRW 67,651,30,50 on May 10, 2019, and KRW 67,651,307,50.

On August 23, 1996, the inheritance-related O succeeded to the status of the deceased Q, Defendant E, F, G, H, H, and I's deceased on December 7, 2001, and succeeded to the status of the deceased Q, Defendant M, L, and N's deceased on January 12, 201, and the status of the deceased Q, F, G, H, and I succeeded to the status of the deceased Q.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 12, purport of the whole pleadings

2. According to the above facts of recognition, Defendant J, K, L, M and networkO, P.

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