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(영문) 수원지방법원 평택지원 2018.02.08 2017가합9338
기타(금전)
Text

1. It was concluded between the deceased G and the Defendant on January 8, 2005 with respect to each real estate listed in the separate sheet Nos. 1 to 5.

Reasons

1. Basic facts

A. The Plaintiffs are legal successors of the deceased G (Death on May 26, 2017, hereinafter “the deceased”).

B. On January 18, 2005, the Defendant concluded a sales contract with the Deceased for the purpose of implementing an urban development project in the vicinity of Pyeongtaek-si H by purchasing each of the real estate listed in the separate sheet Nos. 1 through (5) from the Deceased (24,895,000, intermediate payment and remainder 224,05,000) and the real estate listed in the separate sheet Nos. 6 through (12) of the separate sheet Nos. 2,82,722,729,000 (the contract amount of KRW 282,272,90, intermediate payment and remainder amount of KRW 2,540,456,10) respectively, and the intermediate payment and remainder shall be paid within 40 days after authorization of the implementation plan for the urban development project (hereinafter “instant sales contract”).

C. The Defendant paid the Deceased KRW 307,167,90 in total the down payment on January 18, 2015, and KRW 100,000 in the intermediate payment on November 30, 2005, respectively, and deposited KRW 80,000 in the intermediate payment on September 21, 2006 as Suwon District Court Geumwon District Court Deposit KRW 1913 in the intermediate payment on September 21, 2006.

As to the validity of the instant sales contract concluded with the Defendant, the Deceased argued by Suwon District Court Decision 2008Gahap1813. On April 24, 2009, Suwon District Court rendered a judgment that “The deceased shall receive KRW 1,864,511,100 from the Defendant, and at the same time, shall implement the procedures for ownership transfer registration on each of the real estate listed in the separate sheet on January 18, 2005,” and the appeal and appeal were dismissed, and the said judgment became final and conclusive.

E. From January 11, 201 to April 15, 2013, the Deceased notified the Defendant to pay any balance under the instant sales contract several times, and to transfer the ownership of each real estate listed in the separate sheet (hereinafter “each real estate”).

In this regard, the defendant did not arrive at the date of 'burine prohibition' for the deceased, and within 40 days after the execution plan is authorized as stated in the sales contract of this case.

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