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Reasons
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(영문) 서울고등법원(춘천) 2016.07.20 2016나177
매매대금
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1.The judgment of the first instance shall be modified as follows:

Defendant B and D shall be jointly and severally liable to the Plaintiff on 49,054.

Reasons

Basic Facts

A. On June 10, 2014, E Co., Ltd. (hereinafter referred to as “Co., Ltd.”) concluded a sales contract on each real estate listed in the separate sheet (hereinafter referred to as “each real estate of this case”) with Defendant B (the sales price of this case is KRW 1.7 billion under the above sales contract, but this is a business contract, and there is no dispute between the parties that the following sales contract conforms to the intentions of the parties).

B. On July 25, 2014, E, under Defendant D’s joint and several sureties, drafted a real estate sales contract (Evidence A; hereinafter “instant sales contract”) with the following contents as the joint and several sureties, and completed the registration of ownership transfer with respect to each of the instant real estate to Defendant B on the same day.

1. Sales price and payment date - 1,430,000 won;

3. The third party payment for the purchase-price shall be made in consultation with the creditor and shall be liable to pay the purchase-price of KRW 1) F - 19.9 million to the seller, KRW 20 million G - KRW 30 million - KRW 65 million - KRW 400,000 - KRW 50,000) K - KRW 5.5 million - KRW 7 million - KRW 80,000,000 in total to the creditor and without any condition after the conclusion of this contract (transfer of ownership).

4. 1) Of the purchase price, 1 billion won and interest (interest until July 30, 2014, and criteria for receipts) on a national bank; 2) the entire amount of national and local taxes unpaid (tax until July 30, 2014, and criteria for receipts), the judgment in a lawsuit among the amount of provisional seizure 3.

5. The payment amount as of the date of other payment shall be liable to pay the acquisition corporation and the representative individual.

6. On July 24, 2015, the buyer transferred the outstanding claim for the purchase price under the instant sales contract to the Plaintiff on July 28, 2015, and then sent the outstanding claim to Defendant B with content certification, and around that time, the notice of transfer reached the Defendant B, the primary debtor. [In the absence of dispute as to grounds for recognition, Party A’s 1 through 3].

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