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(영문) 춘천지방법원 2017.04.19 2016가단51036
매매대금
Text

1. The Defendants shall jointly:

A. As to the Plaintiff A’s KRW 25,994,060 and KRW 17,994,060 among them, Defendant C shall be deemed to have caused the death of the Plaintiff.

Reasons

1. Basic facts

A. The Plaintiffs and Defendant D are co-owners of 1/3 each of the 93,932 square meters of F forest in Chuncheon City and 8,683 square meters of G forest (hereinafter “instant forest”).

B. Around June 2015, Defendant D and E agreed to sell the instant forest and land, and to prepare a “statement of performance of responsibility” with the content that the purchaser would perform as Defendant D and E in the event of nonperformance.

C. On June 26, 2015, the Plaintiffs agreed to sell the instant forest to Defendant C’s agent KRW 90 million on June 30, 2015, the purchase price of the instant forest, KRW 85 million, the intermediate payment of KRW 70 million on the date of the contract, and KRW 23 million on September 30, 2015, the remainder intermediate payment of KRW 722 million on September 30, 2015, and the remainder payment of KRW 722 million on December 30, 2015. The Plaintiffs agreed to pay KRW 546,00,000 and KRW 130,000,000 and KRW 130,000,000 on the instant forest as well as the remainder payment of KRW 23 million to the seller, etc., and agreed to pay KRW 62,300,000,000 to the seller.

(hereinafter referred to as the “instant special agreement” and “instant sales contract”). D.

Meanwhile, the Plaintiffs and Defendant D agreed to receive KRW 100,000,000,000 for the purchase price, excluding the amount of collateral security obligations, from among the purchase price of this case 90,000 won, respectively, and KRW 34,000,000 for Defendant D. Specifically, Plaintiff A received KRW 10,000 for the first intermediate payment and KRW 23,000 for the second intermediate payment on June 30, 2015, and Plaintiff B agreed to receive KRW 5,00,000 for the remainder payment on June 25, 2015, and the remainder of KRW 28,000 for the remainder payment from KRW 62,00.

E. However, the Defendants paid KRW 23 million to Plaintiff A on September 30, 2015, which was the date of the second intermediate payment, to Plaintiff A, but did not pay KRW 18 million for the second intermediate payment on October 19, 2015. The Defendants paid KRW 5 million to Plaintiff B on December 30, 2015, and paid KRW 28 million out of the remainder until December 30, 2015.

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