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1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
Purport of claim and appeal
Claim:
Reasons
1. In the first instance trial, the Plaintiff filed a claim for revocation of the disposition imposing a non-performance penalty and a claim for revocation of the disposition imposing a penalty surcharge in simple combination. The first instance court dismissed the claim seeking revocation of the disposition imposing a penalty surcharge and accepted the claim seeking revocation of the disposition imposing a non-performance penalty
In this regard, the part of the claim seeking revocation of the imposition of penalty surcharge, which is the part against the plaintiff, is limited to the part of the claim seeking revocation of the imposition of penalty surcharge, which is the part against the plaintiff.
2. Details of the disposition;
A. On November 1, 1995, the Plaintiff purchased real estate at KRW 195,00,000,000 for KRW 1,392 square meters, E, 549 square meters, 618 square meters prior to F, and 1,739 square meters prior to G (hereinafter “instant real estate”), and around that time, paid the sales price to B in full.
B. On June 13, 1981, the ownership transfer registration of the instant real estate was completed under C’s name on June 13, 1981, and on December 23, 1995, under H, I, J, and K (hereinafter “C’s heir”), C’s heir on October 30, 1992. The ownership transfer registration was completed on May 31, 1996 under L’s name on May 8, 1992.
C. On June 4, 2009, B made a written statement to the Plaintiff that “The instant real estate was trusted to the Plaintiff’s ownership or the Plaintiff’s request for title trust, and that “the principal shall be jointly and severally liable with L so that it can be fulfilled as above. 2) B died on December 7, 2009, and as the bereaved family members, N,O, and P, who are the wife and children, are co-inheritors.