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(영문) 부산지방법원 2019.07.24 2018가합44582

약정금

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1. All of the plaintiffs' lawsuits of this case are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. While the Plaintiffs, E, and F (hereinafter “Plaintiffs, etc.”) shared (hereinafter “the instant forest”) 10,017 square meters of D forest land (hereinafter “the instant forest”) at Sejong-si, the Plaintiffs and E, and E, and F (hereinafter “Plaintiffs, etc.”) entered into a sales contract with the Defendant on May 25, 2012, selling the instant forest in KRW 969,69,69 million of the purchase price, and selling the instant forest in KRW 690,000 of the instant forest in KRW 10,000,000.

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 with the Defendant and the instant forest for which Plaintiff A’s share was KRW 390 million, Plaintiff B’s share was KRW 300 million, E’s share was KRW 310 million, F’s share was KRW 700 million, and F’s share was KRW 200 million, and the final revised sales contract for selling trees on the instant forest for KRW 200 million (hereinafter “the instant sales contract”) was to appropriate the down payment and intermediate payment that was already paid to the Defendant and the instant forest for the overdue interest in 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 plaintiffs' assertion.