logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울중앙지방법원 2016.04.06 2013가합87364
매매대금반환
Text

The Defendants jointly and severally share the Plaintiff KRW 949,327,560 and KRW 596,491,560 among them, from April 11, 201 to 352,836.

Reasons

Facts of recognition

The Defendant B published an advertisement to the effect that the sale or exchange of each real estate listed in paragraphs 3 through 7, 23, and 24 of the attached list E, each real estate listed in paragraphs 9 through 22 of the F’s list, each of the real estate and E, 1/3 shares, F’s real estate listed in paragraphs 8 of the same list, each of which owns 2/3 shares, and each of the real estate listed in paragraphs 3 through 24 of the attached list, as indicated in paragraphs 3 through 24 of the attached list, and the real estate listed in paragraphs 25 through 29 of the same list, owned by G (hereinafter “instant real estate”).

The Plaintiff’s representative director H and managing director I contact Defendant B with each of the real estate listed in paragraphs (1) and (2) of the attached table Nos. 1 and (2) of the real estate owned by the Plaintiff (hereinafter the land listed in paragraph (1) of the attached table Nos. 1 of the real estate owned by the Plaintiff, and the building listed in Paragraph (2) of the attached table Nos. 2 of the same table, “At the time of the conclusion of the instant exchange contract, the buildings listed in Paragraph (2) of the attached table No. 2 of the real estate had yet to be completed, but the said building should be indicated as the “instant Pyeongtaek-based building,” regardless of whether before or after the completion of the contract for the exchange of real estate as stated in the table No. 1 and 2

On April 7, 2011, Defendant B entered into an exchange contract with the Plaintiff on behalf of E, F, and G, with the effect that Defendant B transferred the ownership of the instant Jeju real estate and real estate owned by E, F, and G to the Plaintiff, and the Plaintiff entered into an exchange contract with Defendant B, the wife of Defendant B, to transfer the ownership of the instant land owned by the Plaintiff to the Defendant C (hereinafter “instant exchange contract”).

Meanwhile, at the time of the conclusion of the exchange contract of this case, the right to collateral security, i.e., the maximum debt amount of KRW 195 million in the name of subordinate agricultural cooperatives (hereinafter “Haar Agricultural Cooperatives”), with respect to the real estate owned E among the Jeju Real Estate, shall be deemed F.

arrow