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(영문) 광주지방법원 2018.12.19 2018가단518641

매매대금

Text

1. The defendant shall pay 35,00,000 won to the plaintiff and 15% per annum from June 22, 2018 to the day of full payment.

Reasons

1. Facts of recognition;

A. On May 16, 2016, the Plaintiff and C concluded a sales contract with the purchase price of KRW 30 million for D forest land 763 square meters (230 square meters; hereinafter, the same shall apply) in order to the extent that the purchase price was KRW 763,00,000,000.

The above contract contains an agreement that the Plaintiff bears the expenses of the instant forest in the name of Nonparty E and transfers it to the Plaintiff’s name due to inheritance. Of the instant forest land, 130 square meters (west 130 square meters) was owned by the Plaintiff, and the remainder was owned by C.

B. C established the Defendant Company on May 26, 2016 to develop and sell the instant forest land.

C sold to the Plaintiff the entire forest of this case and the forest of this case F. 142 square meters (hereinafter “the site of this case”) and its ground farm housing in 65 million won to the Defendant Company, all of which were owned by the Plaintiff and adjacent to the forest of this case.

The Plaintiff accepted 50 square meters from 506 square meters adjacent to the instant land, on the condition that the Plaintiff divides 50 square meters from the 506 square meters adjacent to the Jeonnam-gun.

C. On June 15, 2016, C registered inheritance under the Plaintiff’s name with respect to the instant forest, and completed the registration of ownership transfer in the Defendant’s future on the same day.

On July 29, 2016, the registration of transfer was completed in the name of Nonparty I (the wife of the director of the Defendant Company) on the instant building site and H site.

On August 4, 2016, the Defendant remitted 10 million won to the Plaintiff with the above sales price. On August 9, 2016, the Defendant and the Plaintiff entered into the following contracts in the presence of J (hereinafter referred to as the “instant modified contract”).

① The Defendant shall pay 65 million won to the Plaintiff with the purchase price for the instant forest and land.

② The Defendant transferred 50 square meters out of the G site in the Jeonnam-gun to the Plaintiff in installments.

(3) The purchase price for the above sales shall be KRW 10 million for removal of housing, KRW 10 million for entry into civil works, and the remainder 45 million for remainder after civil works are performed.

E. On August 27, 2016, the Defendant removed the said farm house, and at the cost of removal two million won.