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(영문) 서울북부지방법원 2015.01.22 2014가합22615
매매대금
Text

1. The Defendant’s respective KRW 75,00,000 for each of the Plaintiffs and 5% per annum from June 13, 2012 to August 13, 2014, respectively.

Reasons

1. Basic facts

A. On March 12, 2012, the Plaintiffs entered into a real estate sales contract (hereinafter “instant contract”) between the Defendant and the Defendant to sell the land owned by the Plaintiffs 1/2 and the land owned by the Plaintiffs for KRW 300,00,00,00 for each of the 1/2 shares, to the Defendant and two other parties (hereinafter “instant contract”).

Upon the conclusion of the instant contract, KRW 150 million in the down payment and intermediate payment of KRW 300 million was entered into at the same time with the contract, and the balance of KRW 150 million was agreed to be paid on June 12, 2012. According to the special agreement entered into by the Defendant, if the Defendant pays KRW 150 million in the down payment and intermediate payment for the convenience of development authorization and permission, the registration for ownership transfer was completed to the Defendant.

The Plaintiffs received KRW 150 million from the Defendant for down payment and intermediate payment.

B. In accordance with the aforementioned special agreement, the Plaintiffs completed the registration of transfer of shares on the land above E with F, who is the co-owner of other co-ownership on April 18, 2012, due to the division of co-ownership, and each share of the Plaintiff A on each of the above land. On May 7, 2012, the Plaintiffs completed the registration of transfer in the name of G designated by the Defendant, and the Plaintiff B’s shares 1/2 under the name of H.

On the same day, the defendant completed provisional registration of the right to claim a transfer of all co-owners' shares in each of the above lands, and completed each registration of transfer in the name of the defendant on July 24, 2013.

C. The Defendant did not pay any balance on June 12, 2012, which is the remainder payment date stipulated in the instant contract. On August 22, 2014, after the instant lawsuit was filed, the Defendant deposited the deposited amount of KRW 157,931,507 as the Defendant’s payment for delay calculated at the rate of 5% per annum from July 24, 2013, which is the date of the registration of transfer under the name of the Defendant, from July 24, 2013, the deposit cause was the Plaintiffs, the remainder of KRW 75 million, and the payment for delay calculated at the rate of 5% per annum from August 13, 2014, which is the date of delivery of a copy of the instant complaint.

[Ground of recognition] The fact that there is no dispute, Gap evidence 1-1, 2, 2, 3, Eul evidence 1 and 2, and the purport of the whole pleadings.

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