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(영문) 서울북부지방법원 2018.07.26 2017가합20269
매매대금
Text

1. The Defendant-Counterclaim Plaintiff (Counterclaim Defendant) from September 14, 2013 to KRW 35,153,565, respectively, and each of the said amounts.

Reasons

1. Basic facts

A. On December 20, 2010, the deceased A (hereinafter “the deceased”) sold each land indicated in the separate sheet to the Defendant on December 20, 2010.

(hereinafter “instant sales contract”). B.

The Defendant paid only the down payment, the first and the second intermediate payment to the Deceased pursuant to the instant sales contract, and paid the remainder of the intermediate payment and the remainder.

Accordingly, the deceased and the defendant completed the registration of ownership transfer for each land indicated in the separate sheet to the defendant, but the time was to set up a collateral of KRW 1,079,000,000 for the maximum debt amount to be the creditor of the deceased, and according to the above agreement, the registration of ownership transfer and the registration of establishment of a collateral for each land listed in the separate sheet was completed as of January 3, 201 by the Dobong District Court of Seoul Northern District on the District Court No. 124 on January 3, 201, as of January 3, 201, No. 127 of receipt on January 3, 2011.

C. After that, the Deceased and the Defendant determined the unpaid amount of the instant sales contract as KRW 200 million on February 2013, and the Defendant paid the Deceased the above KRW 200 million within six months, and the Deceased paid the remainder from the Defendant, upon receipt of the payment of the remainder from the Defendant, performed the procedure for transferring the secured claim of the instant right to collateral and the procedure for registering the transfer of the right to collateral security.

(hereinafter “instant agreement”). D.

around September 13, 2013, the Deceased received dividends of KRW 24,232,172 in the course of a compulsory auction by official auction against the Republic of Korea, Gangnam-gu, Seoul.

E. The Deceased died on June 12, 2017.

The Plaintiffs, as their children, received the deceased’s properties according to their inheritance shares.

[Ground of recognition] Facts without dispute, Gap evidence 2, Eul evidence 1, Eul 2, and 8 (including provisional number; hereinafter the same shall apply), the purport of the whole pleadings

2. Determination

A. According to the facts acknowledged prior to the determination on the principal claim, the defendant each of the plaintiffs under the agreement of this case = (200,000,000 won - 24,232,172 won x 1.

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