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(영문) 서울동부지방법원 2019.07.19 2018가합113902
매매대금
Text

1. The Defendant’s KRW 354,50,000 and the Plaintiff’s annual rate of KRW 6% from May 1, 2017 to December 12, 2018 and the following.

Reasons

1. Facts of recognition;

A. The Plaintiff is a person who was the owner of the instant land (hereinafter “instant land”) in Gangdong-gu Seoul Metropolitan Government, Gangdong-gu, Seoul, and the Defendant is an executor who constructed and sold apartment and commercial buildings in one lot of land.

B. On September 3, 2011, the Plaintiff and Nonparty D Co., Ltd. (hereinafter “D”) drafted a written consent stating that “the Plaintiff agrees to sell the instant land at KRW 3.81 billion in the purchase price” (hereinafter “instant written consent”).

Article 6 of the above written consent provides that "the purchaser shall be D and the plaintiff shall consent when changing the purchaser as an affiliate corporation (SPC)."

C. D transferred the status of the purchaser to the Defendant under the instant written consent.

On November 26, 2015, the Plaintiff raised an objection to the Defendant on November 26, 2015 regarding the fact that the price of the instant site is not included in KRW 3.81 billion under the instant written consent.

Accordingly, the Plaintiff and the Defendant, on November 26, 2015, did not include a building on the ground of the instant land in the amount of consent to September 3, 2011, which was agreed to be sold on September 3, 201. In the case of apartment sale, the Plaintiff and the Defendant sold the building at a discount of 50% by at least 18.5 million square meters after the sale of the building, and at least 15 square meters,

(Provided, the Plaintiff and the Defendant drafted a written agreement (hereinafter “Agreement on November 26, 2015”) containing the following: (a) “Until March 30, 2016, to pay in lump sum the purchase price of the instant land” and “in lump sum, to pay KRW 3.81 billion.” (e) On September 19, 2016, the Plaintiff and the Defendant drafted a written performance statement stating that “if the purchase price is not fully paid by October 30, 2016, the sales contract shall be null and void.”

F. On October 18, 2016, the Defendant paid to the Plaintiff KRW 3.77 billion out of the purchase price of KRW 3.81 billion under the instant consent, and completed the registration of ownership transfer on November 4, 2016, and Nonparty E on the same day.

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