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(영문) 대구지방법원서부지원 2013.01.17 2011가합1959
동산인도등
Text

1. The Defendant: (a) KRW 220,00,000 for the Plaintiff and 5% per annum from November 3, 2010 to January 17, 2013; and (b) the Plaintiff.

Reasons

1. Facts recognized;

A. On October 208, 2008, the Plaintiff: (a) donated all of the land and the 7th floor building (hereinafter “instant hospital”) and medical devices inside the building from D, and completed the registration of ownership transfer with respect to the instant hospital.

B. On January 3, 2009, the Plaintiff consented to the use of the hospital, subject to the purchase of the instant hospital, to a medical corporation E (hereinafter “E”) on January 3, 2009, and entered into a lease agreement with E and/or KRW 10 million, monthly rent of KRW 10 million.

C. On January 2009, E applied for authorization of a branch office E in the Gyeongbuk-do, but failed to obtain authorization.

Upon introduction from E, the Defendant succeeded to the above lease agreement between the Plaintiff and E on March 4, 2009 and operated the instant hospital.

On February 25, 2010, the Defendant drafted a sales contract with the content that the Plaintiff would purchase shares of 1/5 of the instant hospital and medical devices, etc. within the building (attached Form attached to a list of movable properties) at KRW 300 million in the purchase price, as to the instant hospital.

(hereinafter “instant sales contract”). E.

According to the instant sales contract, the Defendant: (a) KRW 5 million on February 25, 2010; and (b) the same year for the Plaintiff.

6. 29.15 million won, and the same year.

7. On March 2, 2010, KRW 15 million was paid, and the registration of ownership transfer was completed on March 2, 2010 with respect to the portion of KRW 1/25 of the instant hospital.

In addition, the defendant was awarded a successful bid on November 3, 2010 with G and operated the instant hospital until now.

[Ground of recognition] The entry of Gap evidence 1 to 6, the witness H's testimony, the purport of the whole pleadings

2. Determination as to the cause of action

A. The Plaintiff’s assertion entered into the instant sales contract with the Defendant by setting the sales amount of KRW 300 million. Since the Plaintiff did not receive the remainder of KRW 220 million, the Defendant is liable to pay the remainder.

B. The Defendant’s assertion 1 of this case is the co-owner.

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