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(영문) 서울고등법원 2020.11.12 2019나2058248
약정금
Text

1. The plaintiff's appeal against the defendants is dismissed in entirety.

2. The costs of appeal shall be borne by the Plaintiff.

purport, purport, and.

Reasons

On February 1987, the Plaintiff’s cause of the Plaintiff’s claim is 3,034 square meters in the name of Kri-gun, Kri-gun, i.e., one-half of the funds listed in the separate sheet, and then the proceeds are divided by resale after purchasing them. In a case where J remains due without resale, the Plaintiff entered into a “real estate investment and settlement agreement” or “cooperative agreement” with the Plaintiff to exercise the right to dispose of the land listed in the separate sheet pursuant to the agreement, and purchased each land listed in paragraphs 1 and 2 of the separate sheet (hereinafter “3 and 4”), under the name of J’s father, with respect to each land listed in paragraphs 5, 6 and 7 of the separate sheet (hereinafter “the third and 4 land”), the Plaintiff completed the registration of ownership transfer under the name of M, M through N, with respect to each land listed in paragraphs 5, 6 and 5 of the separate sheet (hereinafter “paragraphs 6, 77”) and the mother of J completed the registration of ownership transfer under the name of M, 5, 201 to 50 through 5.27.5

After the death of J, the Defendants completed the registration of transfer of shares due to inheritance in accordance with the statutory inheritance ratio (Defendant E-3/11 shares, Defendant F, G, H, and I shares).

Land Nos. 1 through 4 is sold to KRW 1,240,682,520 in a voluntary auction procedure conducted upon the application of a mortgagee, and Defendant E was paid KRW 338,367,960 (= KRW 1,240,682,520 x 3/11 x 3/11), Defendant F, G, H, and I are deemed to be a clerical error of KRW 164,057,192 (= KRW 902,314,560, KRW 1,240,682,520, and KRW 2/11). However, the payment was made as alleged by the Plaintiff.

On the other hand, Defendant E and H sold their shares in land Nos. 5, 6, and 7 to P and completed the registration of ownership transfer (Defendant E’s shares KRW 373,200,000, Defendant H shares KRW 248,800,000).

Defendant F, G, and I hold 2/11 shares of each of the lands 5, 6, and 7.

Therefore, in accordance with the above "Real Estate Investment and Settlement Agreements" between the Plaintiff and J, or a cooperative.

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