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(영문) 수원지방법원 평택지원 2018.08.08 2017가합11140
매매대금
Text

1. The Defendant’s KRW 103,905,986 to the Plaintiffs and 5% per annum from July 7, 2018 to August 8, 2018.

Reasons

1. Basic facts

A. On June 15, 2012, the Plaintiffs shared 1/2 shares of each of the real estate listed in the separate sheet (hereinafter “instant land”) in the Defendant as indicated in the separate sheet (hereinafter “instant land”) to the Defendant, respectively. The Plaintiffs owned 2/4 real estate in the separate sheet Nos. 2 and 4 by Plaintiff B alone.

A sales contract for the sale of the purchase price of KRW 5,00,000 for KRW 13,300 (hereinafter “instant sales contract”) was concluded, and the main contents in the sales contract are as follows:

Upon entering into a contract, KRW 500 million in the down payment, the intermediate payment of KRW 500 million shall be paid in August 16, 2012, and the balance of KRW 4 billion 13.3 billion in June 17, 2013, respectively.

(Article 1) The seller shall deliver all the documents required for the registration of transfer of ownership to the buyer simultaneously with the receipt of the balance of the purchase price, and shall cooperate in the registration procedure, and the delivery date of the said real estate shall be the

§ 2. The seller shall promptly provide all documents necessary for the permission (written consent to land use, written consent to commencement, and documents necessary for authorization and permission) to the purchaser at the request of the purchaser.

(Article 1 of the Special Agreement). Any balance shall be paid, regardless of the remainder, within one month after the completion of the licence.

(Article 2.(b) of the Special Agreement.

The Plaintiffs received the down payment of KRW 500 million from the Defendant on the date of the instant contract, and the intermediate payment of KRW 500 million on August 16, 2012, respectively.

C. On September 16, 2015, the Defendant obtained factory permission for the instant land from the viewing of Ansan by using documents, etc. received from the Plaintiffs.

On May 15, 2017, the Plaintiffs notified the Defendant that “the Defendant prepared for a certificate of seal imprint (sale), a certified copy or abstract of resident registration, or a certificate of right to registration,” and that the notification reached the Defendant around that time.

E. On May 24, 2018, the Defendant paid the remaining amount in full by remitting a total of KRW 4 billion to the Plaintiffs’ account, and completed the registration of ownership transfer under the Defendant’s name on the same day.

[Ground of recognition] The fact that there is no dispute, A.

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