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(영문) 서울중앙지방법원 2015.07.03 2014가합36882
매매대금
Text

1. The Defendant (Counterclaim Plaintiff) and the Defendant jointly share the Plaintiff (Counterclaim Defendant) with KRW 301,50,000,000, and with respect thereto, May 9, 2014.

Reasons

1. Determination as to the Plaintiff’s claim against the Defendants

A. On December 12, 2013, the Plaintiff entered into a contract with Defendant B to sell the instant real estate at KRW 1.49 billion (hereinafter “instant sales contract”).

However, a sales contract (hereinafter “the first sales contract”) drafted at the time, entered the name of the purchaser in Defendant C, the mother of Defendant C, and the purchase price in KRW 1.17.5 million, respectively, and agreed to substitute the Defendants’ acceptance of the collateral obligation of the Seoul F&C cooperative (hereinafter “Seoul F&C”) established on the instant real estate, as well as the obligation to return the deposit to the lessee of the instant real estate, KRW 617.5 million, in lieu of the Defendants’ acceptance.

On the other hand, the remaining sales contract excluded from the sales contract No. 1 (i.e., KRW 370 million (i., KRW 1.49 billion - KRW 117.5 million) was prepared separately by the Defendant C to pay it. The payment agreement (i.e., evidence No. 3-1, hereinafter “instant payment agreement”).

B) On February 10, 2014, the Plaintiff and Defendant B entered the instant sales contract in the name of the purchaser as Defendant B, and the sales contract in which the purchase price is KRW 1.49 billion (hereinafter “second sales contract”).

c) Defendant C paid each of the Plaintiff KRW 110 million on May 1, 2014 and KRW 61 million on May 8, 2014, respectively, in accordance with the instant payment agreement, according to the following: (a) there was no mentioning mentioning of the instant payment agreement at the time; and (b) there was neither discarded nor recovered by the Defendants; (c) Defendant C, in accordance with the instant payment agreement.

However, out of the amount paid on May 1, 2014, KRW 100 million was appropriated by the agreement between the Plaintiff and the Defendant B for the partial repayment of the secured debt of the Seoul U.S. collateral security (hereinafter “instant collateral security”). D) on May 8, 2014, the Plaintiff registered the ownership transfer of the instant real estate to the Defendant B (hereinafter “instant ownership transfer”).

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