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(영문) 전주지방법원 2018.11.22 2017나7012

매매대금

Text

The judgment of the first instance shall be revoked.

All of the plaintiffs' claims are dismissed.

All costs of the lawsuit shall be borne by the plaintiffs.

Reasons

In fact, the recognition was transferred to the plaintiff A (the husband of the plaintiff A), the E (the husband of the plaintiff B), and the representative director at the time of the F Co., Ltd. to the plaintiff A and Q (the former husband of the defendant).

(F) On September 13, 2012, the seller entered into a sales contract with G, H, and I (hereinafter collectively referred to as “the buyer”). On September 13, 2012, the seller entered into a comprehensive sales contract (hereinafter referred to as “the comprehensive sales contract”) with the content that the actual amount of payment, excluding liabilities with respect to real estate, such as Kim Jong-si, Kim Jong-si, Kim Jong-si, N care hospitals, O, shop sites, P stores, buildings, and J, was KRW 4,320,00,000 (hereinafter referred to as “the comprehensive sales contract,” and the purchase price is referred to as “comprehensive sales price”).

Q (the former husband of the Defendant, the divorce on April 8, 2003) was an investor of the buyer.

On December 2, 2012, H and the Defendant’s agent drafted a real estate sales contract with the following contents.

Real estate sales contract;

1. Pluor 369 square meters in Kim Jong-do;

2. The Plaintiff’s shares - the Plaintiff’s shares in a 302 square meters or more in a light quantity, steel framed, sand position panel, and 24 square meters or more in a 40-story retail store of a single-story living facility of the first-class neighborhood living facility of a single-story, a single-story, a pharmacy of one-story, in the case of Kim Jong-do - the Plaintiff’s share

3. As above, the seller and the buyer agree on the above real estate under Article 1 of the Plaintiff’s share of 1/2 prior to J in Kim Jong-si - (hereinafter collectively referred to as “instant pharmacy’s real estate”).

Article 2 Sales Price is KRW 81,00,000.

8,100,000 won shall be paid and received simultaneously with the contract.

The intermediate payment of KRW 16,200,000 shall be paid on December 20, 2012.

Any balance of 56,700,000 won shall be paid on January 7, 2013.

Article 3 List of Real Estate in question shall be January 7, 2013.

Article 5 The seller shall deliver all documents necessary for the registration of transfer of ownership to the purchaser and shall cooperate with the registration of transfer when he/she receives any balance.

Special Agreement

2.This contract shall be substituted by a comprehensive business transfer and takeover contract under the Value Added Tax Act.

December 2, 2012

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