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(영문) 인천지방법원부천지원 2019.03.20 2018가합101733
매매대금
Text

1. The plaintiff (Appointed)'s claims against the defendants are all dismissed.

2. The costs of lawsuit shall be.

Reasons

1. Claim for the purchase price of the real estate F in Kim Jong-si (hereinafter “first real estate”) by the Plaintiff and the designated parties to the Defendant B farming association corporation (hereinafter “Defendant corporation”).

A. On February 2, 2009, the Plaintiff and the designated parties asserted the purchase price of KRW 1,675,00,000 for the real estate and KRW 1,675,000 for the Defendant corporation and KRW 1 real estate (200,000 for part payments, KRW 650,000 for the remainder payment, KRW 825,000 for the remainder payment, and KRW 30,000 for the purchase price). The Defendant corporation paid the sale price of KRW 1,230,000 for the total amount of KRW 30,00 for the seller’s 30,000,00 for the 30,000,000 for the 30,000,000 for the 10,000,000 for the 10,000,000 for the 10,5,200,000 for the 205,200,000 for the Plaintiff’s account.

Ultimately, the Defendant foundation did not pay the remainder of KRW 445,00,000 (i.e., KRW 1,675,000,000 - KRW 1,230,000). As such, the seller is obligated to pay KRW 148,33,333 (=45,000,000/3) to a third party.

On the other hand, the deceased G died on October 2010, and G's heir is the plaintiff, the selected person D, the selected person E, I, the J, and K.

However, I, J, and K agreed to waive all rights to G’s inherited property upon the completion of the registration of joint ownership of G, J, and K with respect to the real estate located in Kimpo-si, and on February 10, 2012, I, J, and K completed the registration of initial ownership relating to one-third share of the above real estate on February 10, 2012. As such, “148,333,333 won against the Defendant corporation”, which is the inherited property of G, was succeeded to the Plaintiff, Appointed, and E with each of the KRW 49,44,44 won (=148,33,3333,3333/3).

Therefore, the defendant corporation is obligated to pay the 197,77,777 won to the plaintiff and the Selection (i.e., KRW 148,33,00 + KRW 49,44,444) and damages for delay to the Selection E.

B. A summary of the Defendant corporation’s assertion is the Defendant corporation.

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