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(영문) 서울남부지방법원 2020.07.16 2019가단228487
정산금 청구의 소
Text

1. The Defendant’s KRW 3,311,433 as well as the Plaintiff’s annual rate of 5% from June 6, 2019 to July 16, 2020, and the following.

Reasons

1. Basic facts

A. On November 27, 2003, the Defendant, C, and D (hereinafter “Defendant, etc.”) entered into a sales contract with E to purchase the purchase price of KRW 386,00 million (payment on the date of the contract deposit amounting to KRW 100 million, and payment on February 27, 2004) (hereinafter “instant sales contract”).

B. On February 27, 2004, the remainder payment date under the instant sales contract, the Defendant, etc. entered into an agreement with respect to the instant F land as follows (hereinafter “instant agreement”).

The above three parties jointly acquire the instant F land, and agree to:

1. The price of the land at the time of acquiring the F land in this case shall be 1/3 of the total price of the land.

(143,330,000 won) 2. The defendant is only under his name, and the actual owner of the defendant's share confirms that the plaintiff is only the owner of the defendant's share.

3. All the expenses, such as taxes and public imposts, incidental thereto, shall be borne by one third respectively.

4. The transfer taxes and public charges, such as resident tax, etc., incurred in selling the land of this case and the expenses required for the construction of a new building shall be borne by 1/3 respectively, and the total expenses for the construction of a new building shall be borne by 1/3.

6. All acts such as administration against the Plaintiff’s share shall be exercised by the Defendant.

As to this, the plaintiff does not raise any objection.

The plaintiff shall present only the claim to the defendant.

C. The defendant et al. completed each registration of the transfer of ownership on March 3, 2004 due to the sale on November 27, 2003 with respect to the shares of 1/3 of the instant F land.

On March 13, 2008, among the instant F land, the size of the instant F land was 204 square meters by dividing it into Dongbcheon-si G (hereinafter “G land”).

E. C’s transfer registration of ownership in the name of H was completed on January 16, 2009 on the ground of the sale as of December 16, 2008 with respect to part (0.4054/3) of the F’s share in the instant F land (0.4054/3).

F. On June 17, 2013, the instant F.

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