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(영문) 서울중앙지방법원 2014.03.21 2013가합44657
양수금
Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Facts of recognition;

A. On June 16, 2003, the Defendant concluded a sales contract (hereinafter “instant sales contract”) with respect to approximately 100 square meters of land allotted by the authorities in recompense for development outlay and about 643 square meters of buildings, among the underground 1 and 2 stories of Seocho-gu Seoul, Seoul, and approximately 100 square meters of land (hereinafter “instant real estate”).

On July 25, 2003, the Defendant completed the registration of ownership transfer on the instant real estate in its name, and paid 2.6 billion won to E with the purchase price.

B. On May 2013, E transferred 160 million won to Plaintiff Co., Ltd. (hereinafter “Plaintiff Distribution”), among the remainder claim 350 million won under the instant sales contract (hereinafter “instant remainder claim”), and the Plaintiff Co., Ltd. (hereinafter “Plaintiff Distribution”) transferred 70 million won to Plaintiff A and KRW 60 million to Plaintiff B and C, respectively, and notified the Defendant of each of the above assignment of claims on May 28, 2013, and the aforementioned notification reached the Defendant on May 29, 2013.

[Ground of recognition] Evidence Nos. 1-1, 2, Evidence Nos. 2-1, 2, and 3-2, each entry of Evidence No. 9, witness E's witness E's testimony, the purport of the whole pleadings

2. The parties' assertion

A. The purchase price stipulated in the purchase and sale contract of this case alleged by the plaintiffs is 2.95 billion won, and the defendant paid only 2.6 billion won to E.

E, as above, transfers 350 million won of the balance claim of this case which has not been paid yet to the plaintiffs, and completed the procedure of notification of the assignment of the claim, so the defendant is obligated to pay the plaintiffs the above amount of 350 million won and damages for delay.

B. The Defendant’s assertion that the sales amount stipulated in the instant sales contract is KRW 2.6 billion, and the Defendant paid the above sales amount to E.

Since E does not have any existing claim for the remainder of this case that it transferred to the plaintiffs, the plaintiffs' claim for the takeover of this case is without merit.

3. Determination No. 1-2 and No. 9 are written in each judgment No. 1-9.

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