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(영문) 서울남부지방법원 2014.07.10 2013가합6408

구상금

Text

1. Defendant B shall pay to the Plaintiff KRW 109,200,000 as well as 20% per annum from January 25, 2013 to the date of full payment.

Reasons

1. Facts of recognition;

A. 1) The Plaintiff and D are the real estate listed in the separate sheet Nos. 1 and 2 (hereinafter “instant real estate”).

As co-owners, the Plaintiff held 14/20 shares and D 6/20 shares, respectively. 2) With respect to each real estate listed in [Attachment List Nos. 3, 5, and 6] on March 29, 199, the registration of ownership transfer was completed in each E’s name on October 16, 199 with respect to each real estate listed in [Attachment List No. 5].

(Attachment List 3 through 6; hereinafter referred to as "Gimpo Real Estate") shall be the real estate listed in the List.

A contract for the exchange of the instant real estate and Kimpo real estate 1) The Plaintiff, D and Defendant B to exchange the instant real estate and Kimpo real estate (hereinafter “instant exchange contract”).

(2) The Plaintiff, D, and Defendant B agreed to set the price of the instant real estate as KRW 3,250,000,000, and the price of the instant real estate as KRW 3,000,000,00, and the price of the instant real estate as well as KRW 3,000,00,000. The obligation to deposit the instant real estate as well as the obligation to pay KRW 550,00,000,00 for each real estate was acquired by the purchaser of each real estate. The Plaintiff, D, and Defendant B entered into the instant exchange contract, and the following documents were written:

On March 30, 2010, the main contents of the contract (Evidence A5) signed on the date on which the document was prepared, the real estate of this case was sold in KRW 3,250,000,000, and the purchaser shall succeed to the bank loans and the obligation of deposit money.

At the same time, the real estate and the Kimpo real estate in this case are transferred, and when the buyer delays the transfer due to the circumstances of the buyer, the bank pays taxes, etc. and the seller receives rents.

On May 1, 2010, the real estate sales contract (Evidence A No. 9-1) shall be sold in the amount of KRW 2,300,000,000 for each real estate stated in the Plaintiff and E List No. 3,5, and 6, and bank loans shall be settled in the balance.