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Reasons
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(영문) 수원지방법원 2018.12.05 2017가합23151
매매대금
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1. The Defendants jointly share KRW 280,000,000 with the Plaintiff and the period from October 26, 2017 to December 5, 2018.

Reasons

1. Basic facts

A. (1) On April 16, 2015, the Plaintiff entered into a real estate sales contract between the Plaintiff and the Defendants, and the Defendants, each of the real estate listed in the separate sheet (hereinafter “each of the instant real estate”) jointly owned by the Defendants.

2) The sales contract to purchase KRW 2.8 billion (hereinafter “instant sales contract”).

Attached Form

With respect to the land indicated in paragraph (3) of the list, a sales contract (No. 2) states the said land as “210 square meters prior to D, Nam-si,” but in light of the purport of each entry and all pleadings in the real estate register (No. 1-4), the land sales contract (No. 19-2) and the entire pleadings, it appears to be a clerical error in the “210 square meters prior to E, Sung-gu, Sungnam-gu.”

(2) In the instant sales contract, the Plaintiff concluded a contract amounting to KRW 100 million on the date of the contract, KRW 300 million on September 30, 2015, KRW 2.4 billion on December 30, 2015, and KRW 1.6 billion on the remainder of December 30, 2015. However, the Defendants agreed that the instant sales contract was automatically terminated at the time of delinquency in interest, and KRW 100 million on the down payment belongs to the Defendants.

3) The Plaintiff paid the Defendants KRW 101,767,835 on April 16, 2015, and KRW 112,00,000 on September 25, 2015, respectively. The Plaintiff wired KRW 121,980,615 on the pretext of the instant loan interest and KRW 121,980,615 from May 2015 to March 2017. (b) The Defendants prior to the ownership of each of the instant real estate on April 6, 2017 (hereinafter “F”).

On the same day, each real estate listed in the attached list No. 2 and No. 3 was sold to Nonparty G for the price of KRW 1.65 billion, and each real estate listed in the attached list No. 2 and No. 3 was sold to Nonparty G for the price of KRW 1.5 billion. Accordingly, on April 13, 2017, the registration of transfer in the name of F for each real estate listed in the attached list No. 2 and No. 3 of the same day is registered in the name of G.

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