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(영문) 부산지방법원 2019.07.24 2019가합45100

약정금

Text

1. The instant lawsuit shall be dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. On May 25, 2012, the Plaintiff and D, E, and F (hereinafter “Plaintiff, etc.”) entered into a sales contract with the Defendant to sell the instant forest in KRW 9696,96,90,000 of the purchase price of the instant forest in KRW 10,017 square meters (hereinafter “the instant forest”) of C forest land (hereinafter “the instant forest”).

B. On May 25, 2012, the Defendant paid to the Plaintiff, etc. the sum of KRW 333,330,000,000 for the down payment and the first intermediate payment, and KRW 350,000,000 for the second intermediate payment on December 5, 2012.

C. On August 13, 2013, the Plaintiff, etc. entered into a revised sales contract with the Defendant to increase the sales price of the instant forest trees in KRW 1.66 billion, and KRW 1.125 million to KRW 1.1 billion.

On March 6, 2015, the Defendant agreed to pay 1.16 billion won in total (70 million won in the forest of this case, and 4.6 billion won in the forest of this case, : 70 million won in the forest of this case, and 4.6 million won in the forest of this case) to F.

E. On March 11, 2015, the Plaintiff, etc. concluded a new sales contract to sell the Plaintiff’s shares in the instant forest in KRW 310 million, KRW D’s shares in KRW 390 million, KRW 300 million, KRW F’s shares in KRW 300 million, and KRW F’s shares in the instant forest in KRW 200 million (hereinafter “the instant sales contract”) and concluded a revised sales contract to sell the trees on the land of the instant forest in KRW 200 million (hereinafter “the instant sales contract”) with the Defendant and the instant forest in order to cover the down payment and intermediate payment already paid for the interest on the transfer income tax and the sales price.

F. On April 8, 2015, the Defendant completed the registration of ownership transfer based on the instant sales contract with respect to the instant forest.

G. Meanwhile, the Defendant concluded the instant sales contract with the Plaintiff, etc. to bear the transfer income tax on the instant forest.

[Ground of recognition] Facts without dispute, Gap evidence 1 through 5, Eul evidence 1 and 2, the purport of the whole pleadings

2. The Plaintiff asserted forest of this case.