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(영문) 제주지방법원 2018.06.26 2018가단51043

매매대금

Text

1. The Defendants jointly share KRW 37,000,000 with respect to the Plaintiff and 5% per annum from October 13, 2017 to January 2, 2018.

Reasons

1. Basic facts

A. On July 28, 2017, the Plaintiff entered into a sales contract (hereinafter “instant sales contract”) between the Defendants and the Defendants that sells each of the real estate listed in the separate sheet (hereinafter “O real estate in this case”, “each of the instant real estate” in which the Plaintiff 1/10 in total, and Defendant C’s purchase share is 9/10 in total, and 9/10 in total) at a price of KRW 380 million in total. At the time, the Defendants agreed to pay the down payment of KRW 38 million in total until July 31, 2017, and the remainder of KRW 342 million in total until September 28, 2017.

B. The Defendants paid 38 million won the down payment of the instant sales contract to the Plaintiff around the day of the instant sales contract.

C. On July 31, 2017, the Plaintiff and the Defendants: (a) drafted a sales contract with the instant real estate as the subject matter; (b) with the purchase price of KRW 286 million as the subject matter; and (c) with the instant 5 through 7 real estate as the subject matter; and (b) with the purchase price of KRW 94 million as the subject matter; and (c) entered into a sales contract with the purchase price of KRW 290 million as the remaining amount of KRW 340 million as of September 28, 2017; and (b) concluded a special agreement with the effect that “the remaining remainder of KRW 27 million as of September 29, 2017 shall be paid by October 12, 2017.”

On September 28, 2017, the Defendants paid 35 billion won out of the remainder KRW 342 million to the Plaintiff.

E. Meanwhile, on September 28, 2017, the Plaintiff’s share 1/10 among each of the instant real property, to Defendant B, as to Defendant C’s share 9/10.

The registration of ownership transfer was completed on July 31, 2017, which was the date on which each sales contract entered in each port was prepared.

[Ground of recognition] Facts without dispute, entry of Gap evidence Nos. 1-1-4 and 3, the purport of the whole pleadings

2. According to the above facts of determination as to the cause of claim, the Defendants, as joint buyers of the instant sales contract, are the Defendants’ obligation to pay the purchase price, following the conclusion of the instant sales contract or the conclusion of the instant sales contract.