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(영문) 춘천지방법원 2014.10.15 2013가합2542
정산금
Text

1. The Defendants shall pay to each Plaintiff KRW 1,075,578,616 as well as the interest rate from November 14, 2013 to the day of full payment.

Reasons

1. Basic facts

A. At the time of March 14, 2003, most of the underground floors and the first floor of the Chuncheon-si, E, 4th and 1st underground floors (hereinafter “instant building”) except for the part of the shares in the third party’s name among the underground floors and the first floor, were registered as owned by Defendant B (Partial shares of the first floor), and Defendant C (Partial shares of the underground floors and the first floor), Co., Ltd. F (total shares of the first floor, and partial shares, 2, 3, and 4 of the first floor, hereinafter “F”). However, G, who is the father and the representative director of Defendant B and F, was in possession and management of them with the de facto authority to dispose of them.

B. At the time of March 14, 2003, the F-owned portion of the F-owned portion of the building of this case was in progress with respect to the second floor of 1297.6/134 shares, 3, and 4 floors of 2nd floor of 1297.6/134 shares, and the remainder of F-owned portion also was in considerable amount of debt obligations, such

C. On March 14, 2003, the above G entered into a real estate sales contract with the Plaintiff regarding the instant building on behalf of the Defendants (hereinafter “instant sales contract”).

1. A building site: D (1345 square meters) and E (92 square meters) building site in the Gyeongcheon-si, Gangwon-do, the indication source of real estate: Four stories above ground and one story below ground (6,854,40 square meters below total square meters);

2. Sales amount: A down payment and intermediate payment of KRW 2,600,000 (2,600,000) in the terms of the contract: The sum of KRW 1,700,000 (1,700,000) paid on March 14, 2003; the remainder of KRW 900,000 (90,000,000) paid on the remainder of the successful bid price by the purchaser at the auction owned by the F.

Therefore, the amount exceeding 90 million won should be paid to the buyer immediately after the auction is completed by the seller.

3.The terms and conditions of this sale are the sale of the above total building area and the total site area.

(2) A seller shall transfer the registration of 13 stores, other than F, B, and C, to a buyer on April 30, 2003, and agrees to the invalidation of a contract and compensation in the event that such transfer is not performed.

At the same time, the plaintiff is the lessor and defendant C as the lessee.

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