매매대금
1. The Defendants shall jointly and severally pay to the Plaintiff KRW 150,000,000 and the interest rate thereon from November 2, 2016 to the date of full payment.
1. Facts of recognition;
A. Defendant C and D, E, F, G, H, and I are co-owners holding 1/8 shares of each of the 5,866 square meters of the J-gu, Busan (hereinafter “instant land”).
Defendant C and D, E, F, H, and I are simple siblings, G are their mothers, and Defendant B is the denial by Defendant C.
B. On December 18, 2014, the Plaintiff, as an agent of D, E, F, and Defendant B, purchased 4/8 of the instant land in the purchase price of KRW 500 million (Provided, That the sales contract includes KRW 650 million higher than the actual purchase price), and concluded a sales contract with the content that pays the down payment of KRW 200 million on the date of the contract, the intermediate payment of KRW 200 million on December 26, 2014, and the remainder of KRW 100 million on March 31, 2015 (hereinafter “instant sales contract”).
In addition, as a special agreement, in the case of Defendant B, 1/8 of G shares were inherited and transferred to the Plaintiff. In the case of Defendant B, if the ownership transfer of the instant land became known, the seller’s agent was responsible for the damages incurred therefrom.
On the other hand, the seller shall compensate for the amount of the down payment, and the buyer shall waive the down payment and not demand the return of the down payment.
C. The Plaintiff paid the intermediate payment of KRW 200 million on the date of conclusion of the instant sales contract to Defendant C, the agent of Defendant D, E, F, and Defendant B, and the intermediate payment of KRW 200 million on December 26, 2014.
However, around March 30, 2015, a seller, such as D, could not register the inheritance of B, a seller, who was imminent at the date of the payment of the balance, and the registration of the transfer after the registration of inheritance under the sales contract, was erroneous and refused to execute the contract by sending the notification that the contract is revoked to the Plaintiff.
E. Accordingly, the Plaintiff filed a lawsuit seeking the transfer of ownership against D, E, F, and Defendant B (Seoul District Court 2015Kahap43014).
May 25, 2016, "D, E, F, and Defendant B shall receive KRW 25 million from the Plaintiff, respectively.