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(영문) 의정부지방법원 2014.05.16 2013가합71989

매매대금

Text

1. Defendant B Co., Ltd. shall pay to the Plaintiff KRW 119,736,340 as well as its annual interest from March 22, 2012 to August 27, 2013.

Reasons

1. Basic facts

A. On October 6, 2010, the Plaintiff sold to Defendant B Co., Ltd. (hereinafter “Defendant Company”) the total purchase price of KRW 600,000,00 in total for KRW 200,000,000,000 in Gyeonggi-do E-gun, Gyeonggi-do, and KRW 29,157 square meters of forest land and KRW 24,198 square meters of forest land owned by the Plaintiff (hereinafter “E land,” “F land,” and in common name, “instant land”). At the same time as the sale and purchase contract, the Plaintiff completed the registration of ownership transfer of F land. Of the purchase price, KRW 200,000,000 was paid within 30 days after the completion of the registration of transfer of F land, and the Defendant Company received KRW 200,000,000 from the date of the Plaintiff’s succession to the Plaintiff’s debt, and the remainder of KRW 20,000,000 from the date of the sale and purchase contract between the Plaintiff and the Plaintiff.

B. According to the instant sales contract, the Plaintiff completed the registration of transfer of ownership in the name of G, the representative director of the Defendant Company, under the receipt of No. 15122 on October 7, 2010 with respect to F land by the Jung-gu District Court’s annual registry office of registry office

C. On December 27, 2007, in the Changwon Kim Jong-sung, a lawsuit was filed against the Plaintiff demanding the implementation of the procedure for the cancellation registration of each ownership transfer registration of the instant land, and the said lawsuit was pending in the appellate court with the District Court 2009Na8995 at the time of the instant sales contract. On November 11, 2010, the said appellate court’s dismissal judgment was sentenced on November 11, 2010, and the said judgment became final and conclusive on December 3, 2010, and on February 15, 2011, the said clan’s provisional disposition registration of the instant land was cancelled.

On December 20, 2010, the Defendant Company sold F land in KRW 455,00,000 from the purchase price of the F land at KRW 455,00,000, and on February 23, 2011, according to the instant sales contract.