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(영문) 창원지방법원 2015.12.17 2015가합946

약정금

Text

1. Defendants are jointly and severally liable to the Plaintiffs each of KRW 111,627,00, and Defendant G with respect thereto from April 11, 2015, and Defendant G.

Reasons

1. Basic facts

A. On October 30, 2013, the Defendants concluded a sales contract with the Plaintiffs to sell real estate listed in the separate sheet for KRW 7 billion (hereinafter “instant sales contract”).

B. Of the subject matter of the instant sales contract, the parcel number was set as a temporary parcel number H due to the land substitution due to the development project at the time, and the said H includes the 1,681 square meters of the window of Changwon-si and J 410 square meters.

C. Accordingly, the Plaintiffs and the Defendants agreed to the terms of the instant contract as follows.

Article 1 (Land Subject to Special Agreement) The current land subject to the sale of this case is the state where the replotting reorganization procedure is not completed, and the entire F share of 2,681 square meters in Changwon-si is “H of the window in Changwon-si, Changwon-si,” in accordance with the protocol of designation of land substitution for replotting. Article 2 (Land Substitution Liquidation for Replotting 2,681 square meters in Changwon-si) is “The entire F share out of 2,681 square meters in Changwon-si, Changwon-si, Changwon-si,” so the buyer pays the excessive amount of liquidation according to the land substitution plan, and the buyer pays the excessive amount of liquidation money in accordance with the land substitution plan, and the “owner K on the register of JJ-si, Changwon-si

However, since the current owner on the register is K, the seller and G (he heir of K) shall receive the settlement money and pay it to the buyer.

After paying the above purchase price in full, the Plaintiffs completed a joint registration under the names of the Plaintiffs on January 17, 2014 with respect to Defendant F’s portion of the above I’s land. The Plaintiffs paid KRW 184,475,000,000, which was an excessive amount of money collected for the said I’s land in relation to replotting, at Changwon on February 4, 2015. The Defendants received KRW 58,135,000 from Changwon-si on February 2, 2015 with respect to the said J land subject to the settlement of money in relation to replotting.

[Ground of recognition] Unsatisfy, entry of Gap evidence 2 through 6 (including paper numbers), the purport of the whole pleadings

2. The parties' assertion

A. The land J 410 square meters in Changwon-si, Changwon-si, the plaintiffs' assertion.