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(영문) 수원지방법원 2018.12.04 2018가합124
매매대금
Text

1. The plaintiff (Counterclaim defendant)'s main and main claim against the defendant (Counterclaim plaintiff), and the defendant (Counterclaim plaintiff)'s main claim.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. Plaintiff A is the spouse of D, and Plaintiff B is the child of D.

B. Plaintiff A and D shared 1/2 shares of each of the real estate listed in the separate sheet (hereinafter “instant apartment”), but D died on June 14, 2017.

C. On June 19, 2017, the Plaintiffs, the inheritor of D, inherited the 1/2 shares owned by D among the instant apartment in accordance with their statutory shares in inheritance, and completed the registration of ownership transfer based on inheritance as of June 14, 2017, with respect to the 3/10 shares of the instant apartment, and Plaintiff B, with respect to the 2/10 shares of the instant apartment.

On June 21, 2017, the Plaintiffs sold the instant apartment to the Defendant KRW 390,000,000 (hereinafter “instant sales contract”), and KRW 173,700,000 out of the said purchase price of KRW 390,00,000, the Defendant was to accept the secured obligation of the right to collateral security established on the instant apartment, and to substitute for the payment of the purchase price.

E. On June 22, 2017, the Plaintiffs completed the registration of ownership transfer on the ground of the instant sales contract (hereinafter “instant registration of ownership transfer”) with the Suwon District Court Seosung Branch Office No. 114428 regarding the instant apartment as to the Defendant.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 3 and 6, the purport of the whole pleadings

2. Determination on the main claim

A. The plaintiffs' assertion 1 of the parties asserted that the defendant did not pay to the plaintiffs the remainder of KRW 216,300,000,000, excluding the amount of KRW 173,700,000, which is the acquisition amount of the collateral obligation of the right to collateral security, among the purchase amount of the apartment of this case 390,000.

However, with respect to the payment of KRW 216,300,000, the Plaintiffs, the Defendants, and E agree to pay KRW 130,00,000 to the Plaintiff by converting the instant bedclothes into cash, and in particular, KRW 100,000 among them shall be paid until June 30, 2017.

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