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(영문) 대구지방법원 김천지원 2021.01.13 2019가단4485
매매대금
Text

1. The Defendant’s KRW 32,851,050 with respect to the Plaintiff and KRW 5% per annum from November 2, 2019 to January 13, 2021, and the following.

Reasons

1. The following facts are not disputed between the parties, or each of the statements in Gap evidence Nos. 1, 2, 3, 4, 5, 7-1, 2, 7-3, 4-1, 7-1, 2, 7-1, 7-1, 7-2, 7-1, 7-1, 2, 3, 8, 9, and 1, 7-1, 2, 3, 8, 9 may be acknowledged in full view of the purport of the pleadings.

A. The Plaintiff: (a) newly constructed a new house on the D ground of the Gyeongdong-gun, Chungcheongnam-do; and (b) sold the house, thereby making profits available to C.

Co., Ltd. (hereinafter “instant investment agreement”) entered into an investment agreement, and, in accordance with the instant investment agreement, remitted KRW 300,000,000 to C as an investment deposit, from March 15, 2017 to April 18, 2017.

B. The ownership of G was transferred, etc. in the name of G, with respect to the 404 square meters (hereinafter “1 land in this case”) and 69 square meters (hereinafter “2 square meters”) prior to F, G, which had been located in G, while C purchased the instant land with the Plaintiff’s investment deposit, and obtained a construction permit under the Plaintiff’s name, and newly constructed the first floor of the first floor of the 1st floor of the 1st floor of the 2nd floor of the 2nd roof of the instant building and the second floor of the 90.56 square meters and the 90.5 square meters of the 2nd roof of the instant building (hereinafter “the instant building”) on January 29, 2018.

(c)

C Around January 3, 2018 with the Plaintiff’s delegation, the Plaintiff and the Defendant entered into a contract to sell KRW 420,000,000 of the instant land and the instant building and/or KRW 1/2 of the instant land for KRW 20,000 (hereinafter “instant sales contract or the instant transaction”). The down payment of KRW 30,00,000 on the date of the contract, shall be paid on the date of the contract, and the intermediate payment shall be paid on February 20, 2018, and the remainder shall be paid at the time of the execution of the secured loan, and the remainder shall be paid by April 13, 2018.

(d)

On January 3, 2018, the day of the instant sales contract, the Defendant remitted KRW 30,000,000 to the account in the name of wife C H.

E. After the conclusion of the instant sales contract, around February 8, 2018, the registration of ownership preservation was completed in the name of the Plaintiff with respect to the instant building, and on the same day.

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