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(영문) 서울서부지방법원 2018.07.12 2017가합33643

매매대금

Text

1. The Plaintiff:

A. Defendant D’s KRW 675,000,000 and 5% per annum from April 22, 2014 to July 17, 2017.

Reasons

Basic Facts

On September 23, 1987, the network E acquired the ownership of each land listed in the separate sheet Nos. 1 and 3 on September 23, 1987, and on the building listed in the same list No. 4 on October 7, 1992, each registration of ownership was made on March 20, 2014 on the building listed in the same list No. 2.

The network E had G, Plaintiff, H, and I as their children between spouse F and spouse F, and died on October 5, 2014.

(hereinafter referred to as “the deceased”). On December 31, 2010, Defendant B, including a sales contract under the name of the deceased, Defendant B, and C, leased from the deceased the land and buildings specified in attached Tables 1 and 2 of the List (hereinafter collectively referred to as “first real estate”) from January 31, 201 to January 31, 201, the lease deposit amount of KRW 50 million, and the rent of KRW 1.5 million per month.

(hereinafter “The lease of this case.” As of February 5, 2014, the deceased was the seller, and the Defendant B was the buyer, and sold KRW 585 million in the purchase price, and the sales contract (No. 3; hereinafter “the sales contract of this case”) stating the payment of KRW 675 million in the amount unpaid among the special terms and conditions, and the sales contract (No. 5; hereinafter “the sales contract of this case”) stating the payment of KRW 675 million in the said special terms and conditions is written, which is not mentioned in the sales contract (No. 1-1; hereinafter “the sales contract of this case”).

As of February 5, 2014, a sales contract (Evidence A; hereinafter “instant 2-1 sales contract”) stating the payment of KRW 675 million, etc., of the unpaid amount of KRW 675 million in the terms of a special agreement shall be prepared, and the sales contract (Evidence A; hereinafter “instant 2-1 sales contract”) and the special agreement, in which the said payment of KRW 675 million, etc., is not mentioned, is not written (Evidence B; hereinafter “instant 2-2 sales contract”) as of February 5, 2014.

Nos. 1-1 and 2-1 of this case and objection thereto.