beta
(영문) 수원지방법원평택지원 2014.08.22 2013가합3578

양수금

Text

1. The Defendants shall jointly and severally pay to the Plaintiff KRW 407,644,450 and the interest rate thereon from August 23, 2014 to the date of full payment.

Reasons

1. Facts of recognition;

A. On August 18, 2003, the Plaintiff’s father-D determined the purchase price as KRW 488,88 million (=1746 square meters x 280,000 won) with respect to each of the real estate listed in the previous lot number column in the attached Table list (hereinafter “each of the instant co-owned real estate”) owned D, and entered into a sales contract with Defendant B, by setting the purchase price as KRW 1945/7140 (per 573.714 square meters, approximately 1746 square meters, and KRW 1746,000).

(hereinafter “instant sales contract”). B.

On February 24, 2004, the Defendants added Defendant C as the buyer of the instant sales contract with D, and agreed to pay the remainder of KRW 320 million as the down payment and the intermediate payment of KRW 488.8 billion, and did not pay the remainder of KRW 168.8 million on the agreed date. However, under the seller’s understanding, the Defendants are required to transfer the ownership in the future, but the remainder of KRW 168.8 million is to be paid to the seller by selling and selling each of the of the instant real property, and if the purchase and sale price exceeds KRW 488.8 million, the excess amount shall be distributed to the seller at KRW 50.50.

“,” entered into an agreement with the content;

hereinafter referred to as the "agreement of this case" is called the "agreement of this case".

(C) On February 25, 2004, the Defendants completed the registration of ownership transfer under the names of the Defendants with respect to each of the instant real estate (1945/7140 x 1/2). D. However, Defendant B participated in the conciliation procedure for the execution of the principal registration procedure based on the provisional registration of counterclaim (2004Gadan2651, 8833) brought against D, which was brought against D. On September 9, 2004, the Defendants followed the registration procedure of ownership transfer with respect to each of the instant co-owned real estate (30/7140 shares among the instant co-owned real estate).

"A decision to adjust the content was confirmed."

E. On March 18, 2005, E completed the share transfer registration with respect to Defendant B’s share of 300/972.5 shares on each co-owned real estate of this case due to the decision to interfere with the above adjustment, and as a result, each co-owned real estate of this case.