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(영문) 인천지방법원 부천지원 2021.01.08 2019가합103743
매매대금
Text

The plaintiff (the appointed party)'s primary claim against the defendants and the conjunctive claim are all dismissed.

The costs of lawsuit.

Reasons

1. Basic facts

A. On July 29, 201, Plaintiff and Selected D (hereinafter collectively referred to as “the Plaintiffs”) completed the registration of transfer of ownership on each of the 1/2 shares of the E, 791 square meters, F, and 160 square meters (hereinafter collectively referred to as “instant real estate”) in order of 1,2, and 160 square meters prior to F, Nam-si, Nam-si. In total, the registration of transfer of ownership was completed on the ground of sale on June 7, 201.

B. On October 21, 2016, the Plaintiffs completed the registration of the transfer of ownership on August 25, 2016 with respect to the instant real estate Nos. 1 and 3 to Defendant B on the grounds of trading on August 25, 2016 (hereinafter “instant sales contract”). On the same day, the Plaintiffs traded Defendant C on August 25, 2016 with respect to the instant real estate No. 2 (hereinafter “instant sales contract”).

The registration of the transfer of ownership was completed on the grounds of the instant sales contract, including the instant sales contract Nos. 1 and 2.

(c)

On October 21, 2016, the Defendants paid or paid, in lieu of the payment of each purchase price of this case, the total of KRW 1,213,922,320,320 (= KRW 430,923,746), KRW 430,00,00, and KRW 206,923,754, and KRW 562,754, and KRW 14,074,820, and KRW 14,074,820, and KRW 206,923,746, and KRW 562,923,754, 754, and KRW 14,774,820, and KRW 14,820,00, respectively, of local tax in the name of the Plaintiff.

[Ground of recognition] Unsatisfy, Gap evidence Nos. 1 through 5 (including various numbers; hereinafter the same shall apply), Eul evidence Nos. 2 and 3, witness J's testimony, the purport of the whole pleadings

2. Judgment as to the main claim

A. On August 25, 2016, the Plaintiffs concluded a sales contract of the instant No. 1 with the content that the instant real estate was sold in KRW 1,359,00,000 to Defendant B. On the same day, the Plaintiffs concluded a sales contract of the instant case No. 2 with the content that the instant real estate was sold in KRW 256,00,000 to Defendant C.

2) The Defendants were to enter into each of the instant sales contracts.

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