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(영문) 인천지방법원부천지원 2016.07.15 2015가합1719
약정금
Text

1. Defendants B, C, and G jointly share KRW 381,266,730 to the Plaintiff, and Defendant B with respect thereto from July 18, 2015.

Reasons

1. Basic facts

A. (1) On November 13, 2003, the Plaintiff entered into a sales contract with the Plaintiff, Defendant B, and C, with the content that the Plaintiff sells 33,100 square meters of land (hereinafter “instant land”) out of 34,092 square meters of land owned by the Plaintiff within a land transaction permission area under the National Land Planning and Utilization Act, for KRW 1,32,000,000 (hereinafter “instant sales contract”), and the Defendant B, etc. paid the sales price in full from November 13, 2003 to February 29, 2004.

(2) On behalf of K and Defendant C, Defendant B entered “K, Defendant B, and five other” in the column for the buyer of the instant sales contract on behalf of the buyer of the instant sales contract, and affixed his seal on the name next to that. The said sales contract entered the following as part of the terms of the contract and the special agreement:

Real estate sales contract

2. A seller and a broker member of the terms and conditions of a contract shall provide the matters concerning the registration of transfer of sale after the contract, procedures for authorization and permission for land transaction, land transaction permission for a purchaser, land size of a joint purchaser, application for cadastral adjustment, etc. at any time when a request for signature and seal is made;

(1) The buyer shall, at the request of the buyer, provide the documents to the "non-party five persons" of the additional joint names subject to Article 7 of the terms and conditions of the contract at the time of the preparation of this contract.

(2) A seller and a purchaser shall provide a written confirmation of land transaction, accompanied by a certificate of seal impression.

3. Transfer income tax accruing from the sale of the above land shall be borne by the purchaser.

(3) Meanwhile, on the other hand, on March 29, 2004, the instant land was registered in each of the following areas: 1,410 square meters of Ma forest, 991 square meters of N forest, 1,220 square meters of O forest, 1,051 square meters of P forest, 1,418 square meters of Q forest, 1,679 square meters of R forest, 25,207 square meters of land in each of the instant land.

B. (1) On April 2004, the Plaintiff filed a registration for ownership transfer with the remainder of the Defendants except Defendant B.

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