beta
Text
1. Defendant C’s KRW 40,000 and the Plaintiff’s 5% per annum from August 16, 2004 to June 13, 2009.
Reasons
1. Basic facts
A. 1) D is the Plaintiff’s salt farm 9,917 square meters (hereinafter “instant salt farm”).
) The Plaintiff, who is not an owner on the registry of the instant salt farm, explained that he/she was entitled to sell shares in the instant salt farm, and recommended the Plaintiff to purchase the shares from D on July 20, 2004, and accordingly, the Plaintiff intended to purchase shares equivalent to 200 square meters (D equity 100 square meters, Defendant B equity 100 square meters) out of the instant salt farm (hereinafter “instant sales contract”).
(2) The transfer registration for ownership was completed on July 12, 2005 with respect to the instant salt farm, F on July 12, 2005, G on the ground of division of common property, and the transfer registration for ownership was completed on November 19, 2010, H and I on November 19, 2010.
B. 1 The Plaintiff revoked the instant sales contract against Suwon District Court Decision 201Gahap10577, Da and Defendant B on the grounds of nonperformance, and sought refund of KRW 5,4650,000,000,000 paid by the Plaintiff for the purchase price, brokerage commission, construction permit, etc. under the instant sales contract. ② The Plaintiff filed a lawsuit against D on December 27, 2012 on the grounds that the Defendant B is not a party to the instant sales contract, and the said court dismissed the Plaintiff’s claim against the Defendant B on the grounds that it is not a party to the instant sales contract, and rendered a judgment as follows with regard to D:
D For the Plaintiff:
(a) 54,650,000 won and the interest thereon, calculated at each rate of 5% per annum from April 19, 2005 to January 10, 2012, and 20% per annum from the following day to the date of full payment;
B. The amount of 8,866,67 won and the amount calculated by each of 5% per annum from August 13, 2004 to December 27, 2012 and 20% per annum from the next day to the date of full payment.
1. D shall pay KRW 18,000,000 to the Plaintiff by July 5, 2013. D shall have the said payment date.