(영문) 수원지방법원 2018.09.13 2017가단531426

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(영문) 수원지방법원 2018.09.13 2017가단531426

양수금

Text

1. The plaintiff A:

A. Defendant C: 31,927,176 won;

(b) Defendant D, E, I, and F respectively KRW 21,284,784;

C. Defendant G and H are 10.0 each.

Reasons

1. Basic facts

A. The registration of ownership transfer was completed on September 10, 1979 in the name of the deceased on each of the real estate listed in the separate sheet (hereinafter “each of the instant lands”) and one-half shares in the name of the deceased on September 10, 1979, respectively. The K shares transferred to L on the ground of “the inheritance by an agreement and division as of April 18, 1985.”

(2) After that, each land listed in the separate sheet Nos. 1 and 2 of the instant land was transferred to the Deceased on July 3, 2001 due to L’s share on July 2, 2001, and became the sole ownership of the Deceased.

(3) However, on January 24, 2005, on each of the instant lands, 1/2 shares of the deceased (each of the real estate listed in the attached list 1 and 2, 1/2 shares of the deceased, and L Shares in the real estate listed in the same list 3), the voluntary auction procedure was commenced by the Chuncheon District Court Gangnam Branch M in the Chuncheon District Court.

On the other hand, L's share in the land listed in the attached list 3 was transferred to the non-party N on October 6, 2005 due to the sale on October 6 of the same year.

(4) The deceased was subject to the permission of sale on August 4, 2008 at the above auction procedure, and the same year.

9. 10. The registration of the transfer of ownership in one-half of each of the lands of this case subject to the auction has been completed on the ground of sale due to voluntary auction on the same day.

B. On January 25, 2003, the conclusion of the sales contract between the deceased and the OP and the P (1) O and P (hereinafter “O”) concluded a sales contract to purchase KRW 840,00,000 including each of the instant land owned by Q and Q and the deceased, as well as to purchase KRW 840,000,00, for each of the instant land owned solely or jointly by them among the land listed in the separate list 1, 2, and 3 of the attached list (hereinafter “the instant sales contract”).

(2) The above sales amount shall be fully paid.

유사 판례

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