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(영문) 서울중앙지방법원 2012.08.17 2011가합61603

손해배상

Text

1. The plaintiff (Counterclaim defendant) is jointly and severally liable to the defendant (Counterclaim plaintiff) D Co., Ltd. on each real estate listed in the separate sheet.

Reasons

1. Basic facts

A. On July 14, 2010, the Plaintiffs and the Defendants sold to the Plaintiffs 4,524m2, 1, 496m2, 4,499m2, 4,451m2, 4,451m2, 4,480m2, and 99m2 (hereinafter “instant real estate”) of K-based land to KRW 500,000 per square meter, and the Plaintiffs newly built 35 m2, and paid the land price to the Defendants, and the Defendants concluded an agreement with the Plaintiffs to complete the registration of ownership transfer on the instant real estate.

B. On July 22, 2010, the Plaintiffs and the Defendants entered into an agreement with the Plaintiffs to add the details of the Plaintiffs’ reimbursement of the existing loan interest amounting to KRW 93,850,223 and to change the sales amount to KRW 400,000 per square year. The Plaintiffs paid loans, local taxes, etc. related to the instant real estate and completed the registration of ownership transfer in the Plaintiff’s name on August 31, 2010.

C. On September 10, 2010, Defendant D, E transferred KRW 427,80,000 to the Plaintiffs, KRW 212,70,00 to the Plaintiffs, KRW 212,70,00 to the Plaintiffs, and KRW 428,950,00 to the Plaintiffs respectively, and each of the above notifications was issued around that day.

While the Plaintiffs and the Defendants exchanged their opinions on the balance and payment method of the purchase price of the instant real estate, the creditors of the Defendants demanded the Plaintiffs to repay their claims.

E. On October 27, 2010, the Plaintiffs and the Defendants agreed to the remainder of the purchase price of the instant real estate as KRW 826,539,00,000, whichever is then 441,50,000, out of which the Plaintiffs paid to the creditors of the Defendants in lieu of the amount of the claim that the Plaintiffs paid to the creditors of the Defendants. 315,490,000, out of 35,000, the amount of KRW 1,2,28, out of the 35,00 factories that the Plaintiffs would newly sell and sell