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(영문) 수원지방법원여주지원 2020.06.23 2019가단58273
매매대금
Text

1. The Defendants are 5% per annum from November 15, 2019 to June 23, 2020 with respect to KRW 2,316,578 to the Plaintiffs.

Reasons

Facts of recognition

On May 30, 2019, the Plaintiffs and the Defendants concluded a provisional contract on real estate listed in the separate sheet owned by the Plaintiffs (hereinafter “instant real estate”) (hereinafter “instant provisional contract”).

They determined the purchase price as KRW 970,000,000, and subsequently agreed to confirm the part to be used as a road among the above real estate and to reduce the amount calculated by multiplying the size of the land by KRW 700,000 per square meter.

The Defendants deposited KRW 20 million in the Plaintiff’s account on the same day.

On June 11, 2019, the Plaintiffs and the Defendants concluded a sales contract for the instant real estate as a broker of Licensed Real Estate Agent E (hereinafter “instant contract”).

In addition, as stipulated in the contract of this case, once the purchase price is KRW 970 million, the agreement was made to confirm the area of the road section and finally determine the price.

The Defendants paid 130 million won to the Plaintiffs on the same day.

On July 22, 2019, the Defendants paid an intermediate payment of KRW 480 million to the Plaintiffs.

In addition, on July 31, 2019, the Plaintiff paid the remainder of KRW 213,271,90 to the Plaintiff, and on August 13, 2019, the Plaintiff paid the remainder of KRW 83,300,000 to the Plaintiff B.

(2) The Plaintiffs and the Defendants concluded the instant contract on June 11, 2019, taking into account the portion used as a road among the instant real estate, and adjusted the sales price to KRW 959,50,000,00 in consideration of the following: (a) there is no dispute about the amount paid by the Defendants to the Plaintiffs as above; (b) there is no dispute about the grounds for recognition; (c) Gap evidence Nos. 1 through 3; and (d) Eul evidence Nos. 1 through 1 and 2 (including each number); and (d) the Plaintiffs and the Defendants’ assertion of the purport of the entire pleadings.

In addition, on August 1, 2019, the Plaintiffs completed the registration of ownership transfer with respect to the instant real estate to the Defendants.

However, the Defendants are only KRW 932,400,000 out of the above purchase price.

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