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(영문) 수원지방법원 2021.01.27 2020가합17408
손해배상(기)
Text

1. A. Defendant C received KRW 350,550,00 from the Plaintiff, and at the same time, Defendant C received KRW 350,50,00 from each Plaintiff.

Reasons

1. Basic facts

A. Defendant C is the owner of each real estate listed in the separate sheet Nos. 3 and 4, and Defendant D is the owner of each real estate listed in the separate sheet Nos. 1 and 2 (hereinafter “real estate”) listed in the separate sheet Nos. 1 and 2, and each of the above real estate is added to “the instant real estate”).

B. On July 12, 2019, the Plaintiffs entered into a sales contract with the Defendants on the instant real estate at KRW 916,830,000, but the down payment of KRW 90,000,000, which was paid at the time of the contract and paid at KRW 826,830,000, which was paid on October 12, 2019 (hereinafter “instant sales contract”). On the same day, the Plaintiffs remitted KRW 90,00,000 to the account in Defendant D’s name.

(c)

The instant sales contract is indicated as “Ma, F, and G” as the location of the subject matter of sale and purchase, and among which, at the time of the conclusion of the instant sales contract, land G with the wife population G was owned by Nonparty H at the time of the conclusion of the instant sales contract. In this regard, the instant sales contract included the phrase “the land register, although the land was partitioned as at the time of sale and purchase, is unregistered and the land register is to correspond to the survey drawing.”

(d)

The real estate No. 4 was divided into G land in the wife population at Chicago-si on November 4, 2019, and Defendant C completed the registration of transfer of ownership on December 16, 2019 with respect to the real estate No. 4 from H on January 9, 2020.

[Grounds for Recognition] Unsatisfy, Gap evidence Nos. 1, 2, 4, and 6 (including branch numbers), the purport of the whole pleadings

2. Judgment as to the main claim

A. As seen earlier, the fact that the Plaintiffs entered into the instant sales contract to purchase the instant real estate from the Defendant for the determination of the cause of the claim is as follows. Therefore, the Defendants are obligated to pay the remainder of the said sales contract from the Plaintiff, and at the same time, perform the registration procedure for the transfer of ownership of the instant real estate and deliver the said real estate to the Plaintiffs, barring any special circumstance.

B. Determination of the Defendants’ assertion 1) The Defendants are the Defendants.

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