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(영문) 서울중앙지방법원 2020.10.16 2019가합583727
매매대금
Text

1. Defendant B Co., Ltd. shall pay to the Plaintiff KRW 700,000,000 as well as its annual interest from October 1, 2019 to December 10, 2019.

Reasons

1. The defendant B Co., Ltd. (hereinafter "the defendant B") is a business operator who has undertaken a new project of constructing multi-family housing and officetels (EMM) at the cost of Ilyang-gu, Busan Metropolitan City D.

On July 9, 2018, the Plaintiff appears to have concluded a sales contract with Defendant B and the Plaintiff, setting the sales amount of KRW 4,212,00,000,00 with respect to the real estate on seven parcels of land (hereinafter “instant real estate”), including the amount of KRW 71m2,00,00,000 (hereinafter “instant sales contract”).

(However, two sales contracts were prepared, and one of them is stated as KRW 3,412,00,000, while the other is stated as KRW 4,212,00,000, the other is stated as KRW 4,212,000. In any case, the amount to be finally paid by Defendant B to the Plaintiff is the same). Upon Defendant B’s request, the Plaintiff completed the registration of ownership transfer on the instant real estate to Defendant B on December 19, 2018, when the payment of the sales amount pursuant to the instant sales contract was not completed.

On December 19, 2018, Defendant C Co., Ltd. (former trade name: G Co., Ltd.; hereinafter “Defendant C”) entered into a management-type land trust agreement (hereinafter “instant trust agreement”) with respect to total of 101 real estate including the instant real estate, and completed the registration of ownership transfer for the instant real estate to Defendant C on the same day.

On August 5, 2019, Defendant B prepared and issued to the Plaintiff a letter of commitment to pay the Plaintiff KRW 700,000,000, not paid, until September 30, 2019.

[Ground of recognition] Facts without dispute, Gap's 3 through 9, 12 evidence, Eul's 1 (including each number), the purport of the whole pleadings

2. According to the facts of the above recognition of the claim against Defendant B, Defendant B’s payment undertaking as of August 5, 2019, as to the unpaid purchase price of KRW 700,000,00 according to the instant sales contract, and the said amount.

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