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(영문) 인천지방법원 2017.06.16 2015가합5862
부동산매매금액청구
Text

1. Defendant B shall pay to the Plaintiff KRW 370,00,000 and the interest rate of KRW 15% per annum from March 18, 2016 to the date of full payment.

Reasons

1. Basic facts

A. On May 25, 2006, the Plaintiff and D (Plaintiff) completed the registration of ownership transfer with respect to F factory sites 1,730 square meters, G factory sites 1,273 square meters, F and G factories on F and G lands, 1,721 square meters prior to H, 460 square meters prior to J, 1,065 square meters prior to J, 639 square meters of K forest, 2,617 square meters of L, forest land and 2,617 square meters in common at the voluntary auction process, and each one/2 equity share on July 6, 2006.

B. On August 26, 2010, the Plaintiff’s husband M and Defendant B drafted the following agreements with the intention to operate a feed plant in each of the above real estate.

Agreements

1. The trading price of the N plant in Gyeonggi-do shall be 1.1 billion won;

2. The contract deposit shall be 30 million won, and the intermediate payment shall be paid as a bank loan and the balance shall be paid within six months;

3.The sales contract shall be 9.3 million won, and the remainder shall be adjusted by consultation with the present bid payment or equity participation.

C. M and Defendant B were promoters for the establishment of Defendant C Co., Ltd. (hereinafter “Defendant Company”), and held a promoters’ meeting on August 27, 2010. M became an inside director and Defendant B became an inside director, and the registration of incorporation of the Defendant Company was completed on the same day, and Defendant B was registered as the representative director.

A real estate sales contract was prepared in the name of the Plaintiff, D, and the Defendants with the following contents:

1) The Plaintiff and D sell one parcel other than F, and the Plaintiff and D sell to the Defendant Company KRW 950 million, and the down payment of KRW 30 million shall be paid on August 27, 2010, and the intermediate payment of KRW 700 million shall be paid within September 30, 2010, and the remainder shall be paid until December 31, 2010, and the ownership shall be transferred from the seller to the buyer at the time of the intermediate payment. The real estate sales contract of August 27, 2010 (However, although the buyer becomes the Defendant Company, Defendant B entered only his name without attaching the name of the representative director and affixed the Plaintiff’s seal, and the remainder of the remainder of the deposit shall be paid from the purchase price.

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