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(영문) 창원지방법원 마산지원 2017.01.11 2016가단4382

정산금

Text

1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

1. Basic facts

A. On October 15, 2001, the Plaintiff entered into a sales contract and an agreement with Defendant B for the repayment of substitutes, and agreed as follows (hereinafter “instant agreement”).

(1) On September 8, 200, the Plaintiff transferred to Defendant B the share 2,574/17,058, owned by the Plaintiff out of the amount of KRW 17,058,00,00,000 (hereinafter “instant real estate”) of KRW 46,00,000,000,000 (the principal KRW 40,000,000,000), which was borrowed from Defendant B at the interest rate of KRW 2.5% per month until October 15, 2001, as payment for the principal amount of KRW 46,00,00 (the principal KRW 6,00,00,00).

Dor, Defendant B, simultaneously with the registration of ownership transfer of the instant real estate, shall sell the instant real estate in physical color with the purchaser, and the Plaintiff shall also actively cooperate in the conclusion of the sales contract.

Defendant B returned to the Plaintiff the remainder after deducting various public charges and incidental expenses (in relation to the introduction fees and registration) on the instant real estate from the purchase price, if the instant real estate is sold at least 46 million won.

B. On November 12, 2007, Defendant B completed the registration of ownership transfer on the ground of donation on November 12, 2007 in the name of Defendant C, an infant, for the instant real estate.

[Ground of recognition] Unsatisfy, Gap evidence Nos. 1 and 2, and the purport of the whole pleadings

2. Judgment on the plaintiff's claim

A. The plaintiff requested the defendants to sell the real estate of this case, but it is delayed. Thus, the defendant Eul is obligated to pay the plaintiff the amount of KRW 187.4 million calculated by deducting the amount of KRW 46 million, which is the market price of the real estate of this case, from the market price of the real estate of this case. The defendant Eul agreed to the plaintiff that the defendant Eul will settle his obligations with respect to the real estate of this case. Thus, the plaintiff asserts that the defendant Eul first sought 100 million out of the above KRW 187.4 million and its delay damages.

(b).