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(영문) 대전지방법원 2016.10.13 2015가단223968
매매대금
Text

1. The Defendants shall jointly and severally pay to the Plaintiff KRW 65,00,000 and the interest rate thereon from May 28, 2016 to the date of full payment.

Reasons

1. Indication of claim;

A. On August 4, 2004, the Plaintiff entered into a sales contract (hereinafter “instant sales contract”) with Defendant B to purchase KRW 65 million (hereinafter “instant sales contract”) shares of KRW 25.34/198.38 (the shares representing the co-ownership relation of the specific part of the instant building) among the above ground buildings (hereinafter “instant building”) of Asan City E site (hereinafter “instant site”).

However, Paragraph 4 of the Special Terms and Conditions of the instant sales contract (hereinafter “the Special Terms and Conditions”) stipulated that “The contract shall be null and void and shall be repaid in full when the land ownership of the present house was excluded from the notified area within three years from the date of the contract or the Si/Gun/Gu.”

B. Meanwhile, Defendant C and D jointly and severally guaranteed the obligation under the instant sales contract by Defendant B.

C. On August 4, 2004, Defendant B completed the registration of ownership transfer for 25.34/198.38 shares of the instant building pursuant to the instant sales contract to the Plaintiff.

As a payment of the purchase price under the instant sales contract, the Plaintiff paid KRW 1.38 million to Defendant D on August 9, 2004, and KRW 27 million on August 17, 2004, respectively, under the direction of Defendant B.

However, on July 27, 2012, at the lawsuit filed against the Plaintiff, etc., as the Daejeon District Court Branch Branch Decision 201Gadan25349, F, the owner of the instant site, rendered a judgment on July 27, 2012 stating that “the Plaintiff removed to F, the part of the instant building, the Plaintiff divided ownership, and the part of the site is handed over.”

In the above judgment, the part ordering the removal and delivery of the plaintiff et al. was finalized on May 9, 2013 at the end of all dismissal of both the appeal and appeal by the plaintiff et al.

Daejeon District Court 2012Na13291, Supreme Court 2013Da16336). E.

Accordingly, in lieu of removal and delivery ordered by the above final judgment, the Plaintiff completed the registration of ownership transfer for the portion owned by the Plaintiff on May 29, 2013 to F on the 25.34/198.38 portion of the instant building.

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