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(영문) 수원지방법원 2019.09.04 2018가합25789

매매대금

Text

1. The Defendants jointly share KRW 215,00,000 with respect to the Plaintiff and the period from July 21, 201 to November 13, 2018.

Reasons

Basic Facts

On December 11, 2009, the Plaintiff: (a) drafted a sales contract with the content that the Plaintiff sold the pertinent land in KRW 250,000,000 (hereinafter “instant sale”) of KRW 595 square meters prior to Osan-si, Osan-si; and (b) completed the registration of ownership transfer with respect to the said land to the Defendant on January 6, 2010.

On July 20, 2010, Defendant C (the father of Defendant B) paid to the Plaintiff KRW 215,000,000 out of the price of the said land until July 20, 2011. As a security, Defendant C (the father of Defendant B) completed the registration of creation of a collateral security right of KRW 300,000,000 with respect to the land outside and outside seven parcels of land in Osan City (hereinafter “instant collateral security right”).

On December 10, 2015, the registration of establishment of the above right to collateral security was cancelled by the execution of senior right to collateral security.

【Unless there is any special circumstance, Defendant B is obligated to jointly pay to the Plaintiff 215,00,000 won as the purchaser of the instant sales contract and 5% interest per annum from July 21, 2011 to November 13, 2018, the delivery date of a copy of the instant complaint, from the following day to May 31, 201, as the delivery date of a copy of the instant complaint, and 15% interest per annum from the next day to May 31, 2019; and 12% interest per annum from the next day to the date of full payment.

As to the assertion that Defendant B was not the party to the instant sales contract, Defendant B asserts that Defendant C is not the party to the instant sales contract, but the father, the father of the instant case.

Generally, who is the party to the contract is a matter of interpretation of the intention of the party involved.

The interpretation of a declaration of intention is to clearly determine the objective meaning which the parties have given to the act of indicating it, and if the contents of any contract are written between the parties as a disposal document, it shall be used in writing.