(영문) 광주지방법원 해남지원 2018.08.22 2017가합3530

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(영문) 광주지방법원 해남지원 2018.08.22 2017가합3530

매매대금

Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

Basic Facts

The Plaintiff was a co-owner holding 2/5 shares of each building listed in attached Tables 2 and 4, and C was a co-owner holding 3/5 shares of each building in attached Tables 1 and 3.

(2) Each of the instant buildings listed in the separate sheet Nos. 2 and 4 (hereinafter referred to as “each of the instant buildings”; each of the instant lands listed in the separate sheet Nos. 1 and 3 shall be referred to as “each of the instant lands;” and each of the instant buildings and each of the instant lands shall be referred to as “each of the instant real estates”;

The purchase price: 1,100,000 won: The balance of KRW 110,000,000 for the down payment on October 10, 2016: The balance under the following special agreement shall be paid on September 1, 2017:

Article 4 Buyers shall pay KRW 10 million on December 30, 2016 and KRW 100 million on January 25, 2017 and KRW 300 million on June 23, 2017 to D.

In addition, the buyer shall pay 200 million won to E on April 10, 2017.

[Matters of Special Agreement]

1.Provisional seizure (other than E) shall be liable for and repaid by the seller as down payment.

2. The balance obtained by deducting the down payment and the above Article 4 from the purchase price of KRW 1.1 billion shall be repaid to C on September 1, 2017 by the purchaser.

(Provided, That 120 million won shall be paid immediately to A). 3. Transfer income tax shall be borne by the buyer.

4. The buyer shall pay 20 million won as machinery price to C separately on the balance date.

On October 7, 2016, the Plaintiff and C concluded a sales contract with the Defendant for each of the instant real estate (including interior facilities) (hereinafter “instant sales contract”) with the following content:

According to the instant sales contract, the registration of ownership transfer was completed on November 1, 2016 with respect to each of the instant land on the following grounds: (a) the registration of ownership transfer was completed on November 1, 2016; and (b) the registration of ownership transfer was completed on November 1, 2016 with respect to each of the instant buildings, and on the Plaintiff’s 2/5 shares, on November 8, 2016 with respect to each of the instant buildings, each of the Defendant and F.

[Ground of recognition] Unsatisfy, Gap evidence 1 to 5, respectively.

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