logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 제주지방법원 2019.07.10 2018나12469
매매대금
Text

Of the judgment of the first instance, the part against the Defendants exceeding the amount ordered to be paid shall be revoked.

Reasons

1. Basic facts

A. On July 28, 2017, the Plaintiff entered into a sales contract (hereinafter “instant sales contract”) with the Defendants to sell each real estate listed in the separate sheet (hereinafter “O real estate” in accordance with the sequence, and, in total, “each of the instant real estate.” Defendant B’s share in purchase is 1/10; Defendant C’s share in purchase is 9/10; and Defendant C’s share in purchase is 9/10) at a price of KRW 380 million. At the time, the Defendants agreed to pay the down payment of KRW 38 million until July 31, 2017; and the remainder of KRW 342 million until September 28, 2017.

B. Around that time, the Defendants paid the Plaintiff the down payment of KRW 38 million as stipulated in the instant sales contract.

C. On July 31, 2017, the Plaintiff and the Defendants respectively drafted a sales contract with the subject matter of the instant real estate as the purchase price of KRW 286 million, and with the subject matter of the instant 5 through 7 real estate as the purchase price of KRW 94 million, and respectively, concluded a sales contract with the effect that “290 million out of the remaining amount of KRW 340 million until September 28, 2017, KRW 25 million shall be paid until September 29, 2017, and the remainder of KRW 27 million shall be paid until October 12, 2017.”

On September 28, 2017, the Defendants paid 35 billion won out of the remainder KRW 342 million to the Plaintiff.

E. Meanwhile, on September 28, 2017, the Plaintiff completed each of the registration of ownership transfer to Defendant B with respect to 1/10 shares among each of the instant real estate, and Defendant C with respect to 9/10 shares on the grounds of sale on July 31, 2017.

[Ground of recognition] Unsatisfy, entry of Gap evidence 1 (including provisional number), 3, the purport of the whole pleadings

2. According to the reasoning of the judgment on the Plaintiff’s cause of claim, the Defendants’ obligation to pay the sales price, which is a joint purchaser of the instant sales contract, shall be deemed an indivisible obligation in light of the developments leading up to the conclusion of the instant sales contract or the current status of the use of each of the instant real estate after the conclusion

arrow