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(영문) 부산지방법원 2018.04.25 2017가합46888
양수금
Text

1. The defendant shall pay to the plaintiff KRW 92,142,857 and interest rate of KRW 5% per annum from March 11, 2004 to the day of complete payment.

Reasons

Facts of recognition

A. C Co., Ltd. (hereinafter “C”) entered into a contract with the Defendant and four other parties on January 10, 2004, with the content that each of the instant land shall be paid KRW 92,500,000,000 for the purchase price of KRW 92,500,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,0000,000,000,000,000,000,0000,000,000,0000,000,000,000

(hereinafter “instant sales contract”). B.

C Until March 11, 2004, up to KRW 230 million, which is part of the down payment and intermediate payment of KRW 92.5 million, to 4 other than the Defendant, paid a sum of KRW 320 million, and KRW 322.5 million.

C. On January 5, 2017, Defendant and four others completed the registration of transfer of ownership on the instant land to Okua Quaker hotel, Inc. on December 2, 2016.

C On June 12, 2017, the notice was sent to the Defendant on the grounds that the contract was impossible to implement, and the notice was delivered to the Defendant around that time.

E. C transferred to the Plaintiff the right to restitution, damage claim and interest claim against C due to the rescission of the instant sales contract, and sent the notice of assignment of claim to the Defendant on June 20, 2017, and the said notice reached the Defendant around that time.

[Ground of recognition] Unsatisfy, Gap evidence Nos. 1 through 4, Eul evidence No. 3 (including those with serial number), determination of the purport of whole pleadings

A. Each co-owner may freely dispose of shares owned by him/her where one of the co-owners owns a judgment on the cause of the claim. As such, even if all co-owners sell all shares owned by him/her to the same purchaser under a single sales contract in form, the obligation to transfer ownership and pay payment with respect to each share shall be indivisible by the declaration of intention of the parties.

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