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(영문) 대전지방법원 2018.11.14 2018가합101462
전부금
Text

1. The part concerning the claim for cancellation of the contract to establish a right to lease on a deposit basis and the claim for delivery of a real estate, respectively.

Reasons

1. Basic facts

A. Defendant D Co., Ltd. (hereinafter “Defendant D”) is a corporation established for the purpose of fishing, wholesale, retail, etc., and F is the only internal director of the above company.

The deceased G (2009 Death) will have the son of the deceased H (Death on October 22, 2016), F will have the son of the net G, and I will have the son of the net G.

F, J farming association, and K shall be jointly and severally paid to the Plaintiff KRW 1500,000,000 to the Plaintiff, but six times from August 2012 to January 2013 shall be paid in 31 installments, each of which shall be KRW 3 million until the 15th day of each month, and 25 times from February 2013 to February 2015, each of which shall be paid in 3.5 million until the 15th day of each month.

Provided, That if the sum of the amounts in arrears is at least three minutes due to delay in the payment of each of the above amounts by F, J Agricultural Partnership, or K, the interest shall be lost, and the interest shall be paid at the rate of 20% per annum from the date following the due date of the payment of the three-minutes of the unpaid amount to the date of the full payment.

B. On April 30, 2012, conciliation was concluded on April 30, 2012 in a case where the Plaintiff claimed the return of deposit against F, J Agricultural Partnership, or K.

Daejeon District Court 2012ss.100123) c.

Defendant B and C completed the registration of transfer of ownership by 1/2 shares of each real estate listed in the separate sheet (hereinafter collectively referred to as “instant real estate”) owned by the deceased H on October 31, 2016.

(Reasons for Registration: testamentary gift dated 22, 2016). 1. F, and I confirm that the amount of legal reserve of inheritance to be received by Defendant B and C is KRW 250 million.

2. Defendants B and C shall jointly and severally pay 50 million won to F by September 15, 2017.

3.(a)

In lieu of receiving the above legal reserve amount in money, the F purchased the instant real estate from Defendant B and C on February 28, 2020 in the purchase price of KRW 750 million, and until February 28, 2020, the said Defendants shall be paid KRW 800 million plus the above purchase price of KRW 50 million as stated in paragraph (2).

B. The above Defendants shall receive KRW 80 million from F at the same time.

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