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(영문) 서울고등법원 2017.02.09 2016나2063645

매매대금

Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1...

Reasons

1. The Plaintiffs and the Defendant, on September 20, 2010, owned shares (Plaintiff A3/7 shares, Plaintiff B2/7 shares, Plaintiff C2/7 shares, and Plaintiff C2/7 shares) as part of 359,312 square meters of F forest land, which was originally assigned to Chungcheongnam-gun, Chungcheongnam-do, where the Plaintiffs and the Defendant were obligated to pay the purchase price, were finally registered and divided into G through H on September 20, 2010, and the forest of this case is part of E, which is part of the instant forest.

(hereinafter “the instant forest land” refers to the fact that a sales contract (a certificate No. 1; hereinafter “the instant sales contract”) with the purchase price of KRW 300 million was entered into on September 30, 2010 with the content that the purchase price of KRW 120 million was paid on the date of the contract, the balance of KRW 180 million was paid on the date of the contract, and the forest name map and transfer of ownership was paid on September 30, 2010 and sold to each Defendant on September 30, 2010, there is no dispute between the parties.

If the statement No. 2 states the purport of the entire argument, the plaintiffs delivered the forest land of this case to the defendant on September 30, 2010 according to the sales contract of this case and transferred the registration of the plaintiffs' share ownership to the defendant on October 1, 2010.

According to the above facts, barring any special circumstance, the Defendant is obligated to pay damages for delay calculated at the rate of 128,571,428 won (30 million won x 3/7, less than won; hereinafter the same shall apply), Plaintiff B, and C, respectively, 85,714,286 won (30 million won x 2/7) and each of them, from October 1, 2010 to December 11, 2015, which is the date of delivery of a copy of the complaint of this case from the date of delivery of a copy of the complaint of this case to December 11, 2015, calculated at the rate of 15% per annum as prescribed by the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings, etc., from the next day to the date of full payment.

2. Determination on the Defendant’s assertion

A. The plaintiffs asserted that the defendant sold the forest of this case to I, and I reselled the forest of this case to the defendant, and between the plaintiffs and the defendant.