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(영문) 수원지방법원 2015.05.27 2014가단23603
매매대금
Text

1. The Plaintiff; Defendant (Appointed Party) KRW 14,00,000; Defendant C: (i) KRW 100,000; and each of them, March 26, 2014.

Reasons

1. Basic facts

A. On April 1, 2011, the Plaintiff sold 557 square meters (hereinafter “instant land”) to the Defendants for KRW 72 million (hereinafter “instant sales contract”).

B. As to the payment of the above purchase price of KRW 72 million, the Plaintiff and the Defendants: (a) paid the Plaintiff KRW 52 million among them; (b) subsequently, the Plaintiff made a registration of ownership transfer on the instant land to the Defendants; and (c) thereafter, Defendant B agreed to pay the Plaintiff the remainder of KRW 20 million by August 30, 201; and (d) Defendant B prepared and issued to the Plaintiff a certificate of loan that the Plaintiff would pay the said purchase price of KRW 20 million by August 30, 201.

C. The Selection C wired the Plaintiff’s bank account of KRW 21.5 million on March 31, 201, KRW 30 million on April 7, 2011, KRW 200,000 on July 13, 2011, and KRW 28.2 million on July 28, 2011, respectively. Defendant B wired the Plaintiff’s bank account of KRW 4 million on April 222, 2011 and May 23, 2011, respectively, to Nonparty E out of the remainder of the purchase price, and the Plaintiff transferred the Plaintiff’s bank account of KRW 2 million on September 20, 201, to the Defendants as the registration of ownership transfer was received on April 16, 2011 by the Cheongju District Court of Korea as to the instant land.

[Ground of Recognition] Unsatisfy, Gap 1, 2, Eul 3, and 4 parts of the dispute, response to each order to submit financial transaction information to the NH Nonghyup Bank and the office of Susan National Agricultural Cooperative, and the purport of the whole testimony and arguments of the witness E

2. Determination

A. According to the above facts of recognition as to the cause of the claim, barring any special circumstance, Defendant B shall be liable to the Plaintiff for performance from March 26, 2014 to the day following the delivery of the original copy of the instant payment order (=20 million won - KRW 2 million - KRW 2 million - KRW 52 million - KRW 30 million - KRW 2 million) and each of them shall be liable to perform their duties from March 26, 2014.

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