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(영문) 수원지방법원성남지원 2020.01.14 2019가합400755
매매대금
Text

1. The part of the instant lawsuit seeking payment of KRW 305,000,000 shall be dismissed.

2. The plaintiff's remaining claims.

Reasons

1. Basic facts

A. On September 10, 2017, the Plaintiff, the Intervenor, and E jointly inherited the Songpa-gu Seoul Metropolitan Government G apartment H (hereinafter “instant apartment”) owned by F. On December 2, 2017, the Plaintiff entered into a contract with the Defendants to sell the instant apartment to the Defendants for KRW 835,000,000 (hereinafter “instant sales contract”). The Plaintiff’s Intervenor and E, immediately after the said sales contract, prepared a power of delegation to the Defendants that “the Plaintiff delegate the authority to conclude the said sales contract.”

B. By March 13, 2018, the Defendants paid to the Plaintiff KRW 527,00,000 in total among the down payment, intermediate payment, and the remainder as stipulated in the instant sales contract. On March 16, 2018, the Defendants notified the Defendants on March 16, 2018, that “Inasmuch as the amount equivalent to E’s share out of the purchase price already paid by the Defendants was not distributed from the Plaintiff, the Defendants shall not cooperate before the registration unless KRW 237,378,571, which deducts the amount equivalent to 2/7 of the purchase price, from the amount equivalent to 835,00,000,000 won.”

C. Accordingly, on June 22, 2018, the Defendants filed a lawsuit against the Plaintiff, the Plaintiff’s Intervenor, and E with the Seoul East Eastern District Court 2018Gahap10706, Oct. 17, 2018, and received KRW 305,00,00 from the Defendants at the same time from the above court on October 17, 2018, and simultaneously, to the Defendants, the Plaintiff paid KRW 305,00,00 from the Defendants, and the Plaintiff’s Intervenor and E paid KRW 3/14 of each of the instant apartment among the instant apartment, and the Plaintiff’s Intervenor and E paid KRW 2/14 of each of the instant apartment.”

The above judgment became final and conclusive around that time. D.

On the other hand, E is against the plaintiff.

The claim that there is a claim for distribution of the purchase price equivalent to KRW 237,378,570, as described in the paragraph, shall be made on October 29, 2018.

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