logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 울산지방법원 2018.07.25 2017가단62688
매매대금반환
Text

1. The Plaintiff, Defendant A, Defendant A, and Defendant B, Defendant B, KRW 24,00,000, and each of them on September 8, 2016.

Reasons

On July 27, 2016, the Plaintiff sold the entire Plaintiff’s share in the real estate indicated below to the Defendants for KRW 318,240,000.

The contract deposit amount of KRW 3,824,000 was transferred to the account at the time of the contract, and the balance of KRW 280,000,000 was agreed to pay on September 7, 2016.

CD EF GHI J L Defendants paid KRW 100 million on August 18, 2016, KRW 200 million on September 7, 2016, respectively, to the Plaintiff, in addition to the down payment, and the Plaintiff completed the registration of ownership transfer on August 26, 2016, which is the date of the remainder payment.

The remaining balance of the purchase price of the Defendants is KRW 80 million, and if divided according to the Defendants’ share of purchase, Defendant A is KRW 56 million (7/10), and Defendant B is KRW 24 million (3/10).

There is no dispute over facts above.

Unless there are special circumstances, the Defendants are obliged to pay to the Plaintiff each of the above sales balance and its delay damages as claimed by the Plaintiffs from September 8, 2016, which is the day following the date of the payment of the sales balance.

Now, we examine the Defendants’ assertion.

double claims: The Defendants asserted that M and N included KRW 80 million of the Plaintiff’s claim amount of KRW 15 million in the claim seeking payment against the Defendants by this Court No. 2017da15293, but there is no evidence to acknowledge this.

(M) In light of the legal brief dated June 7, 2018 submitted by the Defendants, the amount claimed by M&N against the Defendants in the instant case is deemed to have been claimed as KRW 100 million for a conversion charge and KRW 15 million for a tax agreed upon to be borne by the Defendants as a result of ginseng as the purchase price of KRW 100 million as follows). The claim for the payment of the purchase amount in full: (a) set the total purchase price of the site for the first golf practice range as “2 billion won” as the Defendants’ assertion, including KRW 95 million for design cost required by M&N, thereby increasing the purchase price of the entire site for the golf practice range as “2.1 billion won”

Even if the Defendants were to lose their duties, the Defendants.

arrow