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(영문) 서울남부지방법원 2016.06.23 2015가합112147

토지대금

Text

1. The Defendants are jointly and severally liable to the Plaintiff for KRW 259,00,000 and KRW 89,000,00 among them, from February 1, 2012 to 170.

Reasons

1. Facts of recognition;

A. On November 23, 2011, the Plaintiff entered into a sales contract with Defendant B on the following terms with regard to 2,855 square meters and E 678 square meters (hereinafter “each of the instant real estate”) of Gyeonggi-gun, Gyeonggi-do, as a broker by Defendant C, and Defendant B paid the down payment of KRW 30 million to the Plaintiff on the same day.

1. Gyeonggi-do Yang-gun, Gyeonggi-do Yangpo-gun, E land category D, E land size D 2,855 square meters, E 678 square meters, where real estate is indicated;

2. With respect to the sale of the above real estate, Article 1 (Purpose) of the terms of the contract, the seller (referring to the Plaintiff; hereinafter the same shall apply) and the buyer (referring to Defendant B; hereinafter the same shall apply) are to pay the purchase price by agreement as follows.

The KRW KRW 300,000,000,000 of the purchase price, shall be paid at the time of the contract, and the KRW 10,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000 on December 30, 201.

Article 2 (Transfer, etc. of Ownership) The seller shall deliver all the documents necessary for the registration of transfer of ownership to the buyer at the same time as the balance of the purchase price is received, and cooperate with the registration procedure, and the delivery date of the said real estate shall be December 30, 201

B. On December 28, 2011, Defendant B prepared a performance memorandum (Evidence A 3-1) stating that “The KRW 100 million out of the unpaid purchase price of KRW 270 million shall be paid by January 31, 2012, and the remaining KRW 170 million shall be paid by February 15, 2012,” to the Plaintiff, and Defendant C jointly and severally guaranteed the above payment obligation of Defendant B on the same day.

C. On December 30, 2011, the Plaintiff completed the registration of ownership transfer based on the sale as of November 23, 201 with respect to each of the instant real estate to Defendant B, and delivered each of the said real estate to Defendant B.

However, Defendant B paid to the Plaintiff the purchase price in addition to KRW 11 million, but did not pay the remainder of KRW 259 million (=270 million - KRW 11 million).

[Ground of recognition] There is no dispute.