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(영문) 의정부지방법원 2014.12.10 2013가합12409

매매잔대금

Text

1. The Defendants’ respective KRW 145,755,556 to the Plaintiff, respectively, and Defendant B from October 10, 2013 to Defendant C, and Defendant C from December 2013 to the Plaintiff.

Reasons

1. Basic facts

A. The Plaintiff, Defendants, D, E, F, and G agreed to jointly purchase H forest land 9370 square meters, I forest land 106 square meters, J forest 261 square meters from K in Macheon-si in 2009, and developed approximately KRW 9,000 square meters among them, and that D, Defendants, E, and F shall own approximately 100 square meters, and 2,000 square meters, respectively.

(hereinafter “instant development project”). (b)

On April 22, 2010, the Plaintiff renounced the right to the instant forest land at KRW 2,00 (hereinafter “instant forest”) to be divided as above, and entered into a real estate sales contract with the terms of setting the instant forest land at KRW 340,000 per square meter to the Defendants (hereinafter “instant sales contract”).

C. The Plaintiff received a total of KRW 388,488,888,888 from the Defendants (i.e., KRW 2,000 x 340,000 x 340,000).

[Reasons for Recognition] Facts without dispute, Gap's statements in Gap's 1 through 3, 6 through 8 (including branch numbers; hereinafter the same shall apply) and the purport of the whole pleadings

2. According to the facts found in the determination as to the cause of the claim, the Defendants are obligated to pay to the Plaintiff the remainder of the purchase price for each forest of this case from 145,755,556 won (=(680,00,000 won - 388,488,8888 won) x 1/2) and for this, Defendant B is obligated to pay damages for delay at the rate of 20% per annum as prescribed by the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings from December 11, 2013 to the date of delivery of a copy of the complaint of this case, which is obvious from October 10, 2013 to the date of full payment.

3. Judgment on the defendants' assertion

A. The Defendants’ assertion 1) The forest of this case was intended to purchase the forest of this case in installments of 500 square meters, respectively, and 1,000 square meters by Defendant B and E. However, only the sales contract was prepared in form with the Defendants’ names. 2) Determination of the instant sales price as KRW 340,000 per square meter is the Plaintiff’s initial development costs and development costs per square meter.