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1. Defendant E shall pay to the Plaintiff KRW 155,00,000 as well as 12% per annum from June 17, 2020 to the date of full payment.
Reasons
1. Basic facts
A. The deceased B entered into a contract under which the Defendant E would take over the Magazine shop, which was operated in the Ilyang-gu Busan Metropolitan City F, KRW 20,00,000, KRW 230,000, KRW 230,000,000 for the premium, and KRW 250,000,000 for the premium (hereinafter “instant acquisition contract”). The deceased B paid KRW 50,000,000 for the price on December 20, 2017; KRW 10,000,000 for the December 20, 2017; and KRW 30,000,000 for the premium on December 29, 2017; and KRW 20,000,000 for the premium on December 29, 200,000 for the premium on December 10, 205,005;
B. On January 10, 2018, the deceased Party B died on a sudden and acute basis, and A filed a claim for a qualified acceptance trial on the inheritance of the deceased Party B’s property (Seoul Family Court Decision 2018Ma53631, May 5, 201), and on February 21, 2019, a qualified acceptance report was accepted.
C. In order to receive any balance on January 11, 2018 and complete the performance of the instant transfer contract, Defendant E puted a net B with a building lessor and a real estate broker at the real estate brokerage office, but the performance has not been completed due to the deceased’s death.
On March 16, 2019, A filed a petition for bankruptcy on the inherited property (Seoul Rehabilitation Court 2019Hadan100709), the plaintiff was the bankruptcy trustee of the deceased B's inherited property, and on April 15, 2019, A was declared bankrupt on the inherited property.
E. On March 28, 2019, A filed the instant lawsuit against Defendant D seeking the return of the price paid by the deceased B under the instant transfer contract, and the Plaintiff submitted a written request for the resumption of legal proceedings to this court on December 20, 2019.
[Ground of recognition] Unsatisfy, Gap evidence Nos. 1, 2, 5, 7, Eul evidence Nos. 2 and 4, fact inquiry results to the F Management Body, and purport of the whole pleadings
2. The parties' assertion
A. Plaintiff B entered into the instant transfer contract before the death, and the instant transfer contract was not completed by both parties at present.
Therefore, the plaintiff, who is the trustee in bankruptcy of the deceased B, cancelled the acquisition contract of this case and restores the original status.