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(영문) 서울중앙지방법원 2017.08.31 2016가합576872
양수금
Text

1. The Defendant shall pay to the Plaintiff KRW 294,00,000 and the interest rate of KRW 15% per annum from December 23, 2016 to the date of full payment.

Reasons

1. Basic facts

A. Inheritance, etc. of each of the instant real property) Land and buildings listed in the separate sheet (hereinafter “each of the instant real property”)

on December 28, 1989, with respect to the portion 9/10 of that portion, the registration of transfer of each share in the name of D for the remainder 1/10 of that portion was made in the name of C (C and D are married couple).

2) On December 15, 2006, C died on December 15, 2006, and on September 20, 2007, D 41/100 shares of each of the instant real estate, the Defendant, his wife, completed the registration of transfer of ownership based on inheritance by split-off as to 49/10 shares by agreement. Accordingly, 51/100 shares of each of the instant real estate were D, and 49/100 shares were owned by the Defendant.

B. 1) Buildings listed in the separate sheet (hereinafter “instant building”) in the attached sheet (i.e., conclusion of each of the instant lease agreements)

(3) Of the first floor, a lease agreement prescribed between the lessee E, the lease deposit of KRW 275 million, the monthly rent of KRW 3.5 million, the lease term of KRW 3.5 million from April 1, 2013 to March 31, 2015 (hereinafter “instant lease agreement”).

(2) On March 1, 2013, among the first floor of the building of this case, the lease contract was concluded with F Co., Ltd., the lessee from April 1, 2013 to March 31, 2015, the deposit amount of KRW 325 million from March 31, 2015, and the rent amount of KRW 5 million from March 201 (hereinafter “the lease contract of this case”). The lease contract of this case, including the first and second lease contracts of this case, is written as “Defendant and one other,” and the lessor’s seal is affixed thereto.

C. On December 12, 2013, the Plaintiff, including the Plaintiff’s acquisition of ownership, entered into a sales contract with D on December 12, 2013 for each of the 51/10 shares in the name of D, with the purchase price of KRW 3.4 billion.

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