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(영문) 인천지방법원 2018.11.15 2018가합55271
매매대금
Text

1. The Defendant shall pay to the Plaintiff KRW 70,964,184 and the interest rate of KRW 15% per annum from April 26, 2018 to the day of complete payment.

Reasons

1. Basic facts

A. On April 6, 2007, the Defendant, C, net D, E, F, and G entered into a sales contract with H on a total purchase price of KRW 18,826 square meters of forest 18,826 square meters ( approximately KRW 5,694 square meters 18,826 square meters ±305785 square meters (per 1 square meters) and two decimal places for the convenience of calculation; hereinafter “instant land”).

Defendant 7429.52/1826 7,429.52 square meters (2,247.4 square meters 7,429.52 square meters ± 3.305785 square meters (1 square meters) and 3.305785 square meters (1 square meters) for the convenience of calculation, 〃 C 4 " network DD 991.74/1826 991.74 square meters (30.0 square meters 991.74 square meters ± 301.74 square meters) ± 30575 square meters (1 square meters) for the convenience of calculation, 〃 52 〃 7 for the convenience of calculation.

B. On May 2, 2007, H completed each registration for the transfer of ownership to the Defendant, C, net D, E, F, and G with the implementation of the instant joint sales contract as indicated in the following table.

C. On May 2, 2007, the network obtained a loan of 150,000,000 won from the J Association (hereinafter “J Association”) as security and appropriated the instant land for the purchase price.

The Defendant also obtained a loan of KRW 210,000,000 from the JA as collateral for the instant land on the same day (hereinafter “Defendant’s loan”) and appropriated it for the purchase price of the share.

On the same day, the registration of creation of a neighboring mortgage was completed once as the maximum maximum debt amount of the instant land was 273,000,000 won, the debtor, the defendant, and the J-mortgage.

(hereinafter “The instant mortgage”). On the same day, the establishment registration of a mortgage was completed on 195,00,000 won with respect to the entire land of the instant case, and on 2 occasions with the debtor’s network D and the J&D with regard to the entire land.

The network D died on September 4, 2014, and his heir has K and L, who is the spouse, the plaintiff and children.

E. The Plaintiff confirmed the deceased’s inherited property, and as to the instant joint purchase agreement, the network D is different from other joint buyers.

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