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(영문) 춘천지방법원 2016.12.09 2016나50331
매매대금
Text

1.The judgment of the first instance shall be modified as follows:

The Defendant-Counterclaim Plaintiff (Counterclaim Defendant) is 2,2860,000.

Reasons

1. Basic facts

A. The real estate listed in the separate sheet (hereinafter “instant real estate”) was owned by the network D. On April 5, 198, the network D died and owned by the Plaintiffs, E, G, L, I, M, H, and N due to inheritance. Of them, N’s share was donated to F on July 29, 2013.

B. On January 6, 2013, the Defendant decided to purchase the instant real estate from the co-owners of the instant real estate at KRW 10,000 per square year as one of the co-owners of the instant real estate, and entered into a sales contract with the competent judicial scrivener’s J office. At the time, other co-owners, other than E and F, did not comply with the conclusion of the sales contract, and thus the sales contract was not concluded.

C. Since January 6, 2014, the Defendant purchased shares in the instant real estate from E and F, and from G, H, and I on February 28, 2014, and completed the registration of transfer of shares based on each sale and purchase of the instant real estate on January 9, 2014 and April 9, 2014. At the time, the purchase price based on each sales and purchase contract made between the Defendant and the said co-owners was 8,200 won per square day, but the purchase price actually received by the said co-owners was 10,00 won per square day, as agreed on January 6, 2013.

On August 10, 2015, the Defendant purchased 715/4,290 shares, each of the shares of the Plaintiffs, among the instant real estate, at KRW 5,720,000,000,000,000,000,0000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,0000,000,000,000,000,000,0000,000,000,000,000,000,000,000,000

[Ground of recognition] The fact that there is no dispute, Gap's 1 through 3, 8, and 9, the fact-finding inquiry and reply to the judicial scrivener of the court of first instance, the whole pleadings.

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