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(영문) 의정부지방법원 2016.02.18 2014가단19356
매매대금 등
Text

1. Defendant (Counterclaim Plaintiff) C Co., Ltd.: (a) 57,146,00 won to Plaintiff (Counterclaim Defendant) A and (b) 35,000 won to Plaintiff (Counterclaim Defendant) B.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. Each land listed in the separate sheet (hereinafter “each land of this case”) was owned by Plaintiff A 4/15, Plaintiff B 1/3, E 1/15, and F 1/3 shares.

B. On November 30, 2010, Plaintiff A signed a sales contract with Defendant D on behalf of Defendant C Co., Ltd. (hereinafter “Defendant Co., Ltd”) stating that KRW 326,853,600, down payment and the first intermediate payment of KRW 50 million shall be within seven days after the conclusion of the contract; KRW 80,741,00 for the second intermediate payment within seven days after the determination and public notice of urban planning facilities; KRW 196,112,60 for the remainder payment within seven days after the determination and public notice of the implementation plan; and KRW 196,112,60 for the special agreement, the amount of compensation for the difference between Co-owner F and the amount of compensation agreement (hereinafter “instant one sales contract”).

C. On December 24, 2010, Plaintiff B concluded a sales contract with Defendant D who represented by the Defendant Company for the purchase price of KRW 430 million, down payment of KRW 430 million, down payment of KRW 43 million, and the intermediate payment of KRW 129 million within seven days after the conclusion of the contract; and the remainder of KRW 258 million after the determination of urban planning facilities; and the remainder of KRW 200 million was paid within seven days after the public notice of authorization of the implementation plan (hereinafter “instant second sales contract”).

On November 30, 2010, Defendant D signed a letter of payment with the purport that “I shall pay the said amount in full” with the Plaintiff, “I shall sign and deliver to the Plaintiff,” a letter of payment with the same day, that “I shall sign and affix an undertaking to pay the said amount in full. GD” (hereinafter “each letter of this case”).

E. The Defendant Company paid KRW 366,73,600, including KRW 45,92,600,000 to Plaintiff A, KRW 90,000 on December 21, 2010, KRW 80,741,00 on February 26, 2013, KRW 70,000 on June 5, 2013, KRW 80,000 on January 20, 2014, and KRW 366,73,60 on March 28, 2014.

(f) the defendant.

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