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(영문) 서울서부지방법원 2016.09.09 2016가단3600

매매대금

Text

1. The Defendant: (a) KRW 138,139,851 to the Plaintiff (Appointeds) and the Appointeds; and (b) from March 5, 2016 to September 9, 2016.

Reasons

1. Facts of recognition;

A. On June 10, 201, the Plaintiff and the designated parties entered into a contract with the Defendant to purchase KRW 1,320 square meters (including approximately 400 square meters, road shares) out of KRW 7,004 square meters of forests and fields B 7,004 square meters of Gyeonggi-gun, Gyeonggi-do (hereinafter “instant sales contract”).

At the time of the contract, the purchase price of 400 square meters is KRW 188,00,000 (per square year 470,000), and the road distribution equipment is separately paid KRW 50,000 per square year. On November 18, 2012, the entire purchase price, including road distribution equipment, was decided to be KRW 288,00,000 (per square year 480,000).

B. On November 11, 201, the Defendant completed the registration of ownership transfer with respect to the shares of 1,666/7,004 square meters of B forest land 7,004 square meters on November 11, 201 pursuant to the instant sales contract, and completed the registration of ownership transfer with respect to shares of 317/1,230 square meters of C road 1,230 square meters on March 3, 201, to the Plaintiff and its designated parties.

The Plaintiff paid KRW 270,000,000 from the purchase price until November 13, 2011, and additionally paid KRW 10,000,000 on February 17, 2014.

C. In its original possession, B forest land No. 7,004 square meters was owned by the Defendant. On August 4, 2011, the Defendant transferred to D the share equivalent to 413 square meters (413/7,004) and on November 11, 2011, the Plaintiff and the designated parties transferred a part of the share to E on June 14, 2012, after transferring the share to E under the instant sales contract.

After that, on January 14, 2013, F applied on January 14, 2013, the decision to commence compulsory auction was made with respect to the remaining shares of the Defendant (the shares subject to auction of this case) among the forest above as the Defendant's remaining shares (the shares subject to auction of this case) in Suwon District Court. D.

Meanwhile, among B forest land 7,004 square meters (the part purchased by the Plaintiff and the designated parties) was divided into H forest land on February 28, 2013. On May 2, 2013, 2013, B forest land 5,338 square meters was owned by the Defendant (4,231/5,338), D (413/5,338), E (64/5,338), and H forest land 1,66 square meters were registered as joint ownership by the Plaintiff and the designated parties.

After that, December 10, 2013 H.