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(영문) 춘천지방법원 2014.10.29 2013가합2306
매매계약잔금 및 약정금 이행
Text

1. The defendant D and E shall be jointly and severally,

A. As to Plaintiff A, KRW 111,110 and KRW 16,66,66 among them.

Reasons

1. Facts of recognition;

A. On September 4, 2003, the deceased F (hereinafter “the deceased”) entered into a sales contract with the Cheongung City Construction Co., Ltd. (hereinafter “Maung City Construction”) on the condition that “the deceased sells the real estate at KRW 700,000,000,000,000,000 for the price of KRW 323 square meters and H 46 square meters (hereinafter “the real estate”). The down payment amount of KRW 300,000,000 in lieu of the non-party company’s repayment of F’s bank loans. The intermediate payment of KRW 200,000,000,000,000,000,000 won in terms of F’s rental deposit and director’s expenses before commencement of construction work, and the remainder of the construction shall be substituted by selling the telecom part of the building to the deceased per square year (hereinafter “instant sales contract”).

B. After that, the non-party company performed the above agreement on the down payment and intermediate payment under the instant sales contract, and the deceased completed the registration of ownership transfer on September 5, 2003 and September 29, 2003 with respect to the instant real estate to the non-party company.

(O) On October 10, 2003, the instant real estate was merged and became G 360 square meters.

The Deceased died on January 3, 2004, and on January 3, 2004, the Plaintiff A, a wife of the Deceased, succeeded to the Plaintiff B, C, and deceased’s property in proportion to 2/9 shares, respectively.

However, the construction of a new building on the instant real estate (hereinafter “the instant construction”) was delayed and the non-party company failed to implement the payment payment agreement as to the remainder, and the Plaintiffs and the network I provisionally attached the said G land that was merged with the payment claim as a preserved bond around May 22, 2006.

E. Accordingly, around May 207, JJ, the representative director of Defendant D Co., Ltd. (hereinafter “Defendant D”), which is the executing company of the above Corporation, shall pay to the Plaintiffs KRW 30 million on the condition that the Plaintiff and the Plaintiffs apply for the withdrawal of the above provisional attachment and the cancellation of enforcement, and the remaining amount shall be paid in lieu, and the Plaintiffs shall be paid in lieu.

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