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(영문) 서울북부지방법원 2020.04.23 2019가합24715
매매대금
Text

1. The Defendants are jointly and severally liable to the Plaintiff for 310,000,000 won and 20% per annum from July 1, 2012 to the date of full payment.

Reasons

1. Facts of recognition;

A. On June 11, 2010, the Plaintiff entered into a sales contract with Defendant B with the content that the Plaintiff sells the purchase price of KRW 340 million to Defendant B, E forest land 2,167 square meters and F forest land 643 square meters (hereinafter “each of the instant lands”) in Namyang-si, Namyang-si (hereinafter “instant sales contract”).

Upon entering into the instant sales contract, the Plaintiff and Defendant B agreed to make payment of the down payment of KRW 20 million out of the purchase price at the time of the contract, and the intermediate payment is substituted by the transfer of ownership of the Hho Lake of land No. 1 (hereinafter “instant building”) outside G G in Seoul Special Metropolitan City, Nowon-gu by June 25, 2010, and the remainder shall be settled and paid on December 31, 2010, and the contract shall be null and void if the building permit is not granted on each of the instant land.

B. According to the instant sales contract, Defendant B paid the Plaintiff the down payment of KRW 20 million on the day of the contract, and on June 17, 2010, the registration of ownership transfer was completed on the ground of sale on June 2, 2010.

C. On June 30, 2010, the Plaintiff completed the registration of the right to claim ownership transfer on each of the instant land on June 30, 201, and Defendant B transferred the right to claim ownership transfer registration of each of the instant land to Defendant D on March 23, 201, and completed the additional registration prior to the above provisional registration on March 25, 201.

After all, the Plaintiff filed a lawsuit seeking restitution (such as transfer of land, etc. by the Jung-gu District Court 201Ga30543) by asserting that the instant sales contract was null and void due to the fulfillment of the termination condition, against Defendant B and Defendant D’s failure to obtain a new building permit on the instant land.

On December 5, 2011, the Plaintiff and the Defendants attended (the Defendant C was present as the Intervenor) constituted conciliation of the following contents (hereinafter “instant conciliation”) at the date of conciliation of the said lawsuit.

1. The Defendants are jointly and severally liable for 30 million won until June 30, 2012.

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