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(영문) 서울중앙지방법원 2018.04.06 2017가단5213145

손해배상(기)

Text

1. All claims filed by the Plaintiff (Counterclaim Defendant) against the Defendant (Counterclaim Plaintiff) and the appointed party.

Reasons

The principal lawsuit and counterclaim shall be judged together.

1. Basic facts

A. As to the shares of 63/436 shares among the real estate listed in the separate sheet No. 1 in the name of the defendant and the selector (hereinafter "the defendant's side"). For each of the real estate listed in the separate sheet No. 1 in the separate sheet, "each of the real estate of this case" is referred to as "each of the real estate of this case," and "the real estate No. 0" is referred to as "the real estate of this case"), the registration of ownership transfer was completed on April 17, 2006 with respect to each of the 1/2 shares among the three real estate of this case.

B. As to the shares owned by the Defendant among each of the instant real estate, a sales contract concluded on March 17, 2015, which was executed in the name of D and Defendant, with the purchase price of KRW 40 million, and the name of the Plaintiff A and Defendant C, and the name of the Plaintiff B and the selector, respectively, with the purchase price of KRW 25 million as of September 14, 2015.

C. Of each of the instant real estate, the registration of ownership transfer was completed in the Plaintiff A’s future on September 14, 2015 on the part of each of the instant real estate due to the purchase on September 14, 2015 as stated in the Disposition No. 2, as to the Defendant’s shares, due to the purchase on September 14, 2015, as stated in the Claim.

Plaintiff

B is the wife of D, and the plaintiff A is the wife of E.

[Ground of recognition] The entry of evidence Nos. 1-1, 2, 2-2-2-1, 3, 5, and 8-2 and 11-2, and the purport of the whole pleadings (the defendant's defense that evidence No. 5 was forged, but no evidence to acknowledge it is found)

2. Demand for principal lawsuit:

A. On March 17, 2015, D, the Plaintiff’s assertion and the agent of E, concluded a sales contract with the Defendant on the share in ownership of each of the instant real estate at KRW 40 million with the purchase price (hereinafter “instant sales contract”), and paid all the purchase price.

Nevertheless, the defendant did not deliver shares of each of the instant real estate until now, and the reason is that is, the lease deposit was leased at KRW 7.3 million.