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(영문) 서울서부지방법원 2015.09.07 2015가단2068

소유권이전등기

Text

1. Defendant A, B, C, D, E, and F are KRW 14,028,571 from the Plaintiff; Defendant G is 8,417,144 from the Plaintiff; and Defendant H.

Reasons

1. Facts of recognition;

A. On July 19, 2010, the Plaintiff entered into a sales contract with the DongJ by stipulating that the Plaintiff shall pay the remainder of KRW 1,649,200,000 to the deceased J on August 15, 2010 each of the intermediate payment of KRW 255.6m2,649,200,000, the down payment of KRW 300,000,000 for three parcels, including the Seoul Mapo-gu International 34.1m2 (hereinafter in this case’s land), K 14.5m2, L 7m2,00,000, and the price for the above ground buildings, and the intermediate payment of KRW 2,649,20,000 to the deceased J on December 15, 201, respectively. < Amended by Presidential Decree No. 103320, Jul. 20, 200; Presidential Decree No. 173030, Jul. 30, 20000; Presidential Decree No.

B. However, when the process of ownership transfer registration was delayed due to the problem concerning the entry of the portion of the instant land, the Plaintiff and the deceased J maintained the total purchase price, but the Plaintiff and the deceased J decided to prepare a separate sales contract for each parcel and make the registration of ownership transfer for the remaining land and the building on the ground except the instant land

Accordingly, on May 16, 201, the Plaintiff and the deceased J drafted a sales contract that sets the sales price of KRW 2,078,000,000 for K land, etc. and the sales contract that sets the sales price of KRW 403,000 for L land, etc., and the sales contract that sets the sales price of KRW 168,200,000 for the instant land and KRW 15,000 for the sales payment of KRW 55,000 for the intermediate payment, KRW 98,20,000 for the payment of KRW 30 on July 30, 2011, respectively.

C. Meanwhile, the deceased J set the deposit amount of KRW 45,00,000 for the land and leased to M. As such, the Plaintiff and the deceased J decided to succeed to the obligation to refund the said deposit and substitute for the payment of the purchase-price. On or around June 30, 201, the Plaintiff, around June 30, 201, limited the remainder of KRW 2,551,000 for the instant land from the total purchase-price (i.e., total purchase-price of KRW 2,649,200,000- Balance of KRW 98,200,000) that was already paid to the Plaintiff from the total purchase-price of KRW 1,045,00,000 = 30,000,000 on July 20, 2010 on August 13, 2010.