logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 부산지방법원 2019.07.24 2018가합48799
약정금
Text

1. The instant lawsuit shall be dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. On May 25, 2012, the Plaintiff and D, E, and F (hereinafter “Plaintiff, etc.”) entered into a sales contract with the Defendant to sell each of the instant forest trees in KRW 9696,96,90,000 on the land (hereinafter “the instant forest land”) among the co-ownership (the Plaintiff: 2/5 shares, D, E, and F shares, 1/5 shares, respectively) of C Forest 10,017 square meters (hereinafter “the instant forest”).

B. On May 25, 2012, the Defendant paid to the Plaintiff, etc. the sum of KRW 333,330,000,000 for the down payment and the first intermediate payment, and KRW 350,000,000 for the second intermediate payment on December 5, 2012.

C. On August 13, 2013, the Plaintiff, etc. entered into a revised sales contract with the Defendant to increase the sales price of the instant forest trees in KRW 1.66 billion, and KRW 1.125 million to KRW 1.1 billion.

On March 6, 2015, the Defendant agreed to pay 1.16 billion won in total (70 million won in the forest of this case, and 4.6 million won in the forest of this case: 7 billion won in the forest of this case, and 4.6 million won in the forest of this case) to the Plaintiff.

E. On March 11, 2015, the Plaintiff, etc. concluded a new sales contract to sell the Plaintiff’s shares in the instant forest in KRW 790 million, D’s shares in KRW 300 million, E’s shares in KRW 300 million, F’s shares in KRW 310 million, and the changed sales contract to sell the trees on the instant forest in KRW 200 million (hereinafter “the last changed sales contract”) with the Defendant and the instant forest in which the payment of the down payment and the intermediate payment, which was already made, was to be appropriated for interest on the transfer income tax and the sales amount in arrears.

F. On April 8, 2015, the Defendant completed the registration of ownership transfer based on the instant sales contract with respect to the instant forest.

G. Meanwhile, the Defendant concluded the instant sales contract with the Plaintiff, etc. to bear the transfer income tax on the instant forest.

[Ground of recognition] Facts without dispute, Gap evidence 1 through 5, Eul evidence 1 and 2, the purport of the whole pleadings

2. The plaintiff's assertion of this case.

arrow