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(영문) 춘천지방법원 2014.09.24 2014가합5197
기타(금전)
Text

1. The Plaintiff, Defendant A, and Defendant A, Defendant B, C, D, and E respectively, KRW 31,090,90,90 and each of the said money on October 12, 2004.

Reasons

1. Facts of recognition;

A. On October 12, 2004, the networkF entered into an exchange contract for five parcels, including the purchase and sale contract for 18 parcels, including Hongcheon-gun G, Gangwon-do G, and H (hereinafter collectively referred to as “instant real estate,” and collectively referred to as “instant contract”), with the Plaintiff seeking to operate a housing construction project on October 12, 200, respectively, and set the sales amount of KRW 1,290,500 (the remainder of KRW 171,000,000, the remainder of KRW 119,500,000). On the same day, the Plaintiff paid the networkF the said down payment of KRW 171,00,000,000 on the same day.

B. The net F requested the Plaintiff to pay any balance over several occasions. However, the Plaintiff did not pay any balance on several occasions, and on August 17, 2006, the network F notified the Plaintiff of the purport of providing documents required for the registration of ownership transfer to the Plaintiff on August 17, 2006, and sent a certificate of content that “if the Plaintiff did not pay any balance by August 26, 2006, the purchaser shall be deemed to have no intention of purchase, and the Plaintiff would sell it to a third party” (hereinafter “the instant notice”). The instant notice reached the Plaintiff around that time. The Plaintiff did not pay any balance to the net F by August 26, 2006.

C. On December 2010, the deceased on and around December 201, the deceased on and after the death of Defendant A, Defendant B, C, D, and E, the wife, entered into a sales contract (hereinafter “sales contract as of January 25, 201”) with respect to the instant real estate (the acquisition by Defendant A by a division of inherited property), between the Plaintiff’s partner and the J&C Co., Ltd. (hereinafter “YA”) seeking to implement a housing construction project on January 25, 201. As to the instant real estate (the acquisition by Defendant A through a division of inherited property), the sales contract was concluded by setting the purchase price of KRW 2,226,250,00 (the contract amounting to KRW 171,00,000, the balance of KRW 2,05,250,000) (hereinafter “the sales contract as of January 25, 201”), and the contract as of this case’s remaining payment date is no longer effective on February 25, 2011>

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