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(영문) 창원지방법원통영지원 2015.02.12 2014가합2323
손해배상(기)
Text

1. The defendant shall pay 67,500,000 won to each of the plaintiffs and 20% per annum from August 26, 2014 to the day of full payment.

Reasons

1. Basic facts

A. In March 2013, the Plaintiffs exchanged the land owned by the Defendant and the Plaintiffs (172/1,300 of shares of 172/1,300 of G 1,102 square meters of land owned by the Plaintiffs (2/11 of shares in G 1,102 of 95 square meters of land owned by the Defendant, which was KRW 49,00,000, and the land owned by the Defendant (the name of the Defendant-owned Development Co., Ltd.), (1,384, 131 square meters of land owned by the Defendant-owned (hereinafter “Banan-gun”) (hereinafter “instant exchange contract”) with the Plaintiffs as KRW 441,150,00 of the price, and the Defendant entered into an exchange contract with the Plaintiffs to pay KRW 57,850,000 of the difference amount (hereinafter “instant exchange contract”).

B. Accordingly, on April 12, 2013, the Plaintiffs completed the registration of the transfer of ownership of the land to the Dong-J of the Defendant, and the Defendant completed the registration of the transfer of ownership of the land to the Plaintiffs on May 10, 2013.

C. On the other hand, the land in the Bananan-gun was completed with other land by the registration of the establishment of a collateral (hereinafter “mortgage”) around the amount of KRW 980,000,000, with joint collateral (hereinafter “the maximum debt”).

On May 31, 2014, the Defendant issued to the Plaintiffs a letter stating that “I, by July 31, 2014, pay 135,000,000 won for the portion of land bearing the land of the father-gun out of the instant collateral security (hereinafter “each letter of this case”) among the instant collateral security rights. If I violate this, I promised I would like to add K’s land to it.” (hereinafter “each of this case”).

E. However, until July 31, 2014, the Defendant did not pay each of the instant letters to the Plaintiffs, sold 331/5,510 shares of the said K’s land to L, and completed a provisional registration with respect to the remaining shares of 5,179/5,510 shares, the Defendant completed a provisional registration against M.

【Fact-finding without a dispute over the basis of recognition, Gap evidence 1 through 8, Eul evidence 1 and 3, the purport of the whole pleadings

2. According to the above facts of determination as to the cause of the claim, the Defendant’s written statement of this case contains KRW 135,000,000 to the Plaintiffs until July 31, 2014.

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