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(영문) 서울남부지방법원 2015.08.28 2013가합107783
정산금 청구의 소
Text

1. The Defendant: (a) KRW 945,009 for Plaintiff A and its related KRW 5% per annum from November 9, 2013 to August 28, 2015; and (b).

Reasons

1. Basic facts

A. The Plaintiffs, along with D and E, purchased at KRW 2,00,000,00 on the fourth floor of the ground located in Seodaemun-gu Seoul (hereinafter “instant building”) from F and G on August 18, 2009, and agreed to pay KRW 800,000,000 on the date of the contract, and paid KRW 1,00,000,000 until September 8, 2009. The remainder of KRW 1,00,000,000 shall be paid by September 22, 2009.

Meanwhile, the Plaintiffs, D, and E paid KRW 341,50,000, out of the remainder with F and G, to the lessee of the instant building by way of accepting the obligation to return the lease deposit owed by F and G to the lessee of the instant building, and paid the remainder of KRW 658,50,000 by the due date for the remainder payment.

B. On September 22, 2009, the Plaintiffs, D, and E completed the payment of the purchase price in accordance with the manner stipulated in the above, F, G received the purchase price on the same day and at the same time completed the registration of ownership transfer for each of the instant buildings, for the Plaintiffs, D, and for Defendant and E, the registration of ownership transfer was completed as to each of the instant 1/4 shares among the instant buildings.

C. On November 9, 2012, the Plaintiffs, the Defendants, E, and D divided the instant building owned by themselves into eight parts, including 101, 102, 201, 202, 202, 301, 302, 401, and 402. Of divided real estate, 101, subparagraph E, 102, and 202, among the divided real estate, the Plaintiff B, 301, 301, 302, and 402 concluded a co-owned property partition contract with the content that the Plaintiff would own.

After that, on November 16, 2012, the plaintiffs, defendants, E, and D completed the registration of ownership transfer as to the building in this case as the contents of the above partition contract.

The parts of 102, 202, 302, and 402 owned by the plaintiffs were provided for lease. The parts of 102, 202, 302, and 402 were divided into four parts, respectively, and the lease agreement was concluded with each of them as an object.

Plaintiff A 302, 405, 406, 407, 408, 502, 506, and 507, respectively.

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