logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 부산지방법원 2019.05.29 2018가합49532
약정금
Text

1. Defendant (Appointed Party) B, Appointed D, E, F, and Defendant C jointly and severally with the Plaintiff KRW 551,018,807 and 539,952.

Reasons

1. Basic facts

A. 1) The execution, etc. of a sales contract is 1) The Appointor D and G (hereinafter referred to as “D, etc.”) in general referring to D and G

A) On July 29, 2004, H Co., Ltd. (hereinafter “H”)

2) On the part of Daejeon Dong-gu I Forest land 812,595 square meters (hereinafter “instant forest”).

The sales price is to be sold at KRW 4.9 billion, and the remainder KRW 500 million on the date of the contract, and the remainder KRW 4.4 billion on October 28, 2004, enter into a sales contract to be paid respectively (hereinafter “instant sales contract”).

A) Around that time, a down payment of KRW 50 million was received, and around November 16, 2004, KRW 1 billion was paid, and around November 16, 2004, and H was merged with J (hereinafter “J”). On November 3, 2004, J transferred the status of purchaser under the instant sales contract to K, L and M (hereinafter “M”) on July 12, 2007.

3) M, etc. (hereinafter “N”) around July 2007

3) The Plaintiff transferred the status of purchaser under the instant sales contract (the acquisition price was set at KRW 1 billion, but the acquisition price was changed to KRW 1.5 billion.

(4) On July 30, 2008, N succeeded to the buyer status under the instant sales contract, K, L transferred the claim for acquisition price of KRW 1 billion against N to M, and M notified the fact of transfer to N on April 1, 2009, M transferred the claim for acquisition price of KRW 1.5 billion against N (hereinafter “O”) to N (i.e., KRW 50 million for acquisition price of M, KRW 50 billion for acquisition price, KRW 1 billion for acquisition price acquired from L), and then notified N of the fact of transfer.

5) After that, on January 22, 2010, theO filed a lawsuit against N on the claim for the amount of transfer money with Busan District Court 2010Kahap1275, and was sentenced by the above court on August 19, 2010 that “N shall pay N KRW 1.5 billion and its delay damages to PO.” The above judgment became final and conclusive on September 11, 2010 as N’s withdrawal of appeal. (b) G died on June 5, 2008 and its property was determined on September 11, 2010.

arrow