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(영문) 서울고등법원 2019.10.17 2018나2074328
매매대금
Text

1. The judgment of the first instance court, including the Plaintiff’s claim added at the trial court, shall be modified as follows:

The defendants are the defendants.

Reasons

1. Basic facts: (a) the Defendants concluded a contract under which the Defendants owned a share of 1/2 on April 16, 2015 (hereinafter “instant contract”) to sell “1,706 square meters for each 2.8 billion won per Sung-si, Sung-nam-si, J 79 square meters and its ground tanks; (b) wood farm housing; (c) 59.27 square meters for each toilet floor; (d) 40.9 square meters for each floor; (e) 1st floor; (e) 27.65 square meters for each floor; (e) 8.96 square meters for each floor; (e) 8.96 square meters for each floor; (e) 1,706 square meters for each ju-si, Sung-nam-si; and (e) 2.10 billion won for each E-gu, Sung-nam-si (hereinafter “instant real property”); and (e) written in the sales contract column for the buyers.

② Under the instant sales contract, the buyer shall pay the Defendants the down payment of KRW 100 million on the date of the contract, the intermediate payment of KRW 300 million on September 30, 2015, and the remainder of KRW 2.4 billion on December 30, 2015. However, the Defendants shall bear the interest of KRW 1.6 billion (from the following, the “interest on the instant loan”) that was loaned the instant real estate as security, and the instant sales contract was automatically terminated at the time of delinquency in interest, and the down payment of KRW 100 million is reverted to the Defendants.

③ The Plaintiff paid each of the Defendants KRW 12,00,00 on September 25, 2015, KRW 101,767,835, and KRW 112,00,000 on April 16, 2015. From May 2015 to March 2017, the Plaintiff remitted KRW 121,980,615 as the instant loan interest.

④ On April 6, 2017, the Defendants sold to F Co., Ltd. the amount of KRW 1.65 million for the purchase price of 79 square meters and its ground buildings in Sungnam-si, Sungnam-si (JJ 799 square meters) and KRW 1.65 million for the purchase price, and sold to G the amount of KRW 1,706 square meters before N in Sungnam-si, Sungnam-si, and KRW 210 square meters before Sungnam-si E in the amount of KRW 1.5 billion for each of the relevant transfer registration in the name of F and G was completed on April 13, 2017.

【Partial Grounds for Recognition】 The facts without dispute, Gap’s evidence 1-1 through 4, Gap’s evidence 2, 7, Gap’s evidence 18, 19-1, 2, and the purport of the whole pleadings

2. Determination and cancellation of the parties to the instant sales contract, and establishment of the duty of restoration

(a)the name of the person who has entered into an actual sales contract for the parties is specified;

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