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(영문) 서울남부지방법원 2019.02.20 2017가단235252

부동산인도 등 청구

Text

1. Defendant C’s KRW 41,516,960 for the Plaintiff and KRW 5% per annum from October 17, 2017 to February 20, 2019.

Reasons

1. Facts of recognition;

A. The Plaintiff is a Korean national corporation of the Philippines established for the purpose of supporting the missionary activity of ship teachers, missionary activity of the Philippines, etc., D is the representative director of the Plaintiff, and the Defendant’s missionary activity is one of the institutions affiliated with Defendant B Religious Organizations, which are non-corporate associations, and is a non-corporate association established for the purpose of missioning of Defendant B and religious organizations in the whole world. Defendant B religious organization is a non-corporate association comprised of churches affiliated with Epath, and the Defendant is a pastor belonging to Defendant B and a member of the Defendant’s missionary activity in the Philippines.

B. Around December 2013, D decided to sell to the Defendant the land and buildings indicated in the attached list (hereinafter “instant real estate”) owned by the Plaintiff to KRW 586 million (hereinafter “instant purchase and sale”) (hereinafter “instant real estate”). Around January 2014, D transferred the instant real estate to the Defendant.

C. On February 2, 2015, D and the Defendant agreed to the terms and conditions of the instant sale and concluded a sales contract as follows.

(2) - The owner of the instant real estate or the purchaser of the instant sales contract was indicated as D, and the purchase price was paid to D, not the Plaintiff) -

2. The total selling price shall be 13 years, one hundred and fifty million won per month.

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3. Payment shall be from January 2014, or from January 2015 due to the circumstances, and taxes on the instant real estate shall be paid by the Defendant from January 2014.

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7. When it is impossible to execute the contract due to the personal problems of the defendant, D may offset the total amount excluding the down payment in accordance with the present market price by converting it into the monthly rent of 2.5 million won.

On November 27, 2013, the Defendant issued the instant real estate purchase price to D, KRW 40,00 (Korean Won 9,724,00 won; KRW hereinafter the same shall apply), KRW 8.5 million ( KRW 5 million and KRW 3.5 million) on January 16, 2014, KRW 102,00 (Korean Won 2,421,480), KRW 94,00 on February 14, 2014 (Korean Won 2,231,560), KRW 13,00 on October 13, 2014 ( KRW 6 million and KRW 4.5 million), and KRW 6 million on May 6, 2015 (Korean Won 2,400,000).