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(영문) 서울고등법원 2018.01.25 2017나2044221

매매대금

Text

1. All appeals by the Defendants are dismissed.

2. The costs of appeal are assessed against the Defendants.

Purport of claim and appeal

1.

Reasons

Basic Facts

On August 18, 2009, the Plaintiff, including the status of the parties, is a person who completed the registration of ownership transfer in the name of each of the following on August 19, 2009: (a) 1,309,453 square meters of F forest land in Ansan-si (in June 30, 2016, J forest land 432,119 square meters and K forest land 457,787 square meters; (b) the area of the forest before subdivision was 419,547 square meters; (c) 10,792 square meters of land for G farm (hereinafter referred to as “second land”); (d) 368,097 square meters of land for G farm (hereinafter referred to as “third land”; and (e) 719,805,179,79,150 square meters of land in each of the instant land in each of the instant cases, each of which is registered under the name of each of the parties.

Defendant D and E are co-owners who own part of each of the instant lands.

Defendant B (hereinafter “Defendant Company”) is a company established for the purpose of collecting and selling aggregate, and Defendant C is the representative director of the Defendant Company.

On August 27, 2015, the Plaintiff entered into a sales contract between the Defendant Company and the Defendant Company on August 27, 2015, and the Plaintiff paid to the Defendant Company KRW 628,963/1,79,150 (hereinafter “share 1”) and KRW 719,805/1,79,150 (hereinafter “shares 2 and 3”), each of the shares in the land 2 and 3, and KRW 719,805/1,79,150 (hereinafter “share 2 and 3. In the case of the above three shares, “each of the shares in this case”) to sell the proceeds to the Defendant Company at KRW 7 billion (hereinafter “the first sales contract”). As to the payment of the proceeds, the Defendant Company paid KRW 700,000,000 on the day of the contract, KRW 4.24,200,000,000,000,000,000).

On the same day, Defendant C guaranteed the obligation under the First Sale Contract for the Plaintiff of Defendant C on the same day.

On the other hand, with respect to the land Nos. 1 and 3 at the time of the first sale contract, the registration of the establishment of a neighboring property such as the following table shall be