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(영문) 서울고등법원 2015.10.08 2015나6601
차용금
Text

1. The part against the defendant in the judgment of the court of first instance is revoked, and the plaintiff's claim corresponding to that part is dismissed.

Reasons

Basic Facts

Before the process of dividing the change in the name of the ownership transfer registration with respect to the land other than the instant land, 38,081 square meters of Pyeongtaek-si D-si (hereinafter “instant land”) and 794 square meters of G forest, H forest, 1,282 square meters, and 1,23 square meters of I forest and 23 square meters of land (hereinafter “the instant land and the said 3 lots”) were jointly owned by the Plaintiff’s father’s father’s father’s Z, the Defendant’s mother, and the Dong K and Dong K, respectively.

On April 29, 2004 and May 18, 2004, the Plaintiff completed inheritance registration by division as to one-third portion of the above Z among the three parcels outside of the instant land.

On March 29, 2005, L, one of the net K’s property successors, has completed the registration made on March 29, 2005 as to the portion of 45/1710 out of three parcels, other than the instant land, due to inheritance.

As the heir of the property of the network K on the same day, he/she completed the registration of his/her share in the land other than the land of this case, together with the registration of his/her share in the land of this case, as described in AA (120/1710 of the shares), AB (60/1710 of the shares), AC (30/1710 of the shares), X (45/1710 of the shares), AD (45/1710 of the shares), AE (45/1710 of the shares), P (16/1710 of the shares), B (16/1710 of the shares), Q (16/1710 of the shares), R (16/1710 of the shares), C (16/1710 of the shares), T (16/1710 of the shares), AF (16/1710 of the shares), and 60/1710 of the shares of this case.

On April 26, 2004, the L of the land sales contract between the promotion of development project and M, etc. was prepared to jointly develop the land in this case with M, which is a real estate developer, and to promote the business divided into 50:50.

Plaintiff

On May 28, 2004, the defendant representing J shall sell to L and N each one-third of the shares in the name of the plaintiff and J among the land in this case x 320,000 won, on condition that the purchase price is permitted for development activities x 320,000 won, and the down payment is 50,000 won and the intermediate payment is made on the date of the contract.

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