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(영문) 수원지방법원 2015.09.10 2015가합62343
매매대금
Text

1. The Plaintiff:

A. Defendant B’s KRW 146,153,846 as well as 5% per annum from July 1, 2012 to April 7, 2015.

Reasons

On May 25, 2012, the Plaintiff concluded a sales contract with Defendant B, Defendant B, with the intention to purchase KRW 518 square meters of D forest land, KRW 518 square meters of E forest land, KRW 6,610 square meters of forest land (hereinafter collectively referred to as “instant real estate 1”), and KRW 470.5 square meters of F forest land, KRW 84,63 million of purchase price (hereinafter referred to as “instant first sales contract”).

On May 25, 2012, the Plaintiff concluded a sales contract with Defendant C to purchase KRW 470,570,000,000,000,000 for KRW 2,062,00 G forest, 12,552 square meters for H forest, 2,463 square meters for I forest (hereinafter collectively referred to as “each of the instant real estate 2”), and 941 square meters for F forest and 941 square meters for purchase (hereinafter referred to as “instant second sales contract”).

On June 29, 2012, pursuant to the sales contract of this case, the Plaintiff completed each registration of ownership transfer with respect to each of the real estate of this case and 1/2 shares of 941 square meters of forest land of this case, and delivered each of the above real estate to Defendant C pursuant to the sales contract of this case. Pursuant to the sales contract of this case, the Plaintiff completed each registration of ownership transfer with respect to each of the real estate of this case of this case and 1/2 shares of 941 square meters of forest land of this case, and delivered each of the above real estate to Defendant C.

The Defendants paid, instead of the Plaintiff’s loan obligations to the National Agricultural Cooperative Federation, KRW 835 million, the Plaintiff’s unpaid national taxes amounting to KRW 350 million, KRW 150 million, KRW 250 million, KRW 1.365 million, in total, KRW 1.365 million, and KRW 1.45 million, the Defendant paid to the Plaintiff the Plaintiff the purchase price in accordance with the instant sales contract and the purchase price in proportion to the sales price under the instant sales contract, respectively.

Therefore, Defendant B: (a) [the Plaintiff] KRW 146,153,846 [the total purchase price under the sales contract of this case - KRW 1.650 million - the total purchase price under the sales contract of this case - KRW 1.365 million ] ¡¿ the percentage at which the purchase price under the sales contract of this case accounts for the total purchase price under the sales contract of this case 1 and 20/39] and the complaint from July 1, 2012 as sought by the Plaintiff.

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