매매대금
1. The Defendant’s KRW 38,418,33 of the Plaintiff and its related KRW 5% per annum from October 25, 2012 to November 25, 2016.
1. Facts of recognition;
A. On August 16, 2010, the network C donated 1/6 shares of D, E, F, Defendant, and the Plaintiff, each of whom was 7,327 square meters in E, E, F, the Defendant, and the Plaintiff, each of whom was 1/6 square meters in E, E, and E, the Plaintiff, for whom the ownership transfer registration was completed on August 18, 2010, and donated 1/6 shares of the instant real estate to H on August 24, 2012, and completed the ownership transfer registration on September 28, 2012.
B. On October 4, 2012, the Plaintiff delegated the Defendant with respect to the share of the Plaintiff’s ownership in the instant real estate, and the Defendant concluded a sales contract with Nonparty I on behalf of all equity right holders, including the Plaintiff, for KRW 265,970,00 with respect to the instant real estate (hereinafter “instant sales contract”).
C. By October 12, 2012, I paid the full payment to the Defendant, and on October 24, 2012, I completed the registration of transfer of co-owner’s share in the instant real estate on October 4, 2012.
[Reasons for Recognition] A without dispute, each entry in Gap evidence Nos. 1 through 4 (including branch numbers), and each order of submission of financial transaction information to the new president of this court, the purport of the whole pleadings
2. The assertion and judgment
A. According to the above facts finding as to the cause of claim, barring any special circumstance, the Defendant is obligated to pay to the Plaintiff 4,328,333 won (=265,970,000 won x 1/6, and less than KRW 1/6), which is equivalent to the Plaintiff’s share, out of the purchase price under the instant sales contract.
B. As to the Defendant’s assertion, the Defendant asserted that the instant real estate was donated to the Plaintiff, etc., but the real name was only transferred to the Plaintiff, etc. as the ownership of the network C, and that there was no money to be paid to the Plaintiff as the Defendant concluded the instant sales contract according to the direction of the network C, and used the sales price. However, the Defendant submitted it.