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(영문) 광주지방법원해남지원 2016.10.12 2015가합3253
매매대금반환
Text

1. Defendants B, E, H, I, J, K, and N are jointly and severally between the Plaintiff (Appointed Party) and the Appointed, P, and 117,040,000 won.

Reasons

1. Determination as to the claims against Defendant B, E, H, I, J, K, and N

A. The Defendants, as to the indication of the claim, jointly purchased from the Plaintiff (Appointed Party), O, P (hereinafter “Plaintiff-Appointed Party”) Q&A and three parcels, other than Q&A and 13 parcels, (hereinafter “each of the instant lands”) in Q&A in order to jointly purchase them. The Defendants are obligated to pay the remaining purchase price of KRW 1170 million to the Plaintiff (Appointed Party) and the delayed payment damages.

1) A judgment by public notice by Defendant B (Article 208(3)3 of the Civil Procedure Act) (Article 208(3)2) by Defendant E, H, I, J, K, and N confession (Article 208(3)2 of the Civil Procedure Act)

2. Determination as to the claim against Defendant C, D, F, L, and M

A. On August 20, 2004, a sales contract was prepared between the Plaintiff (Appointed Party) and the Plaintiff (Appointed Party) and the Defendant B, stating that the Plaintiff (Appointed Party) and the Nonindicted Party (Appointed Party) are both parties, and that the Appointed P are the mother of the Appointed Party, and that between the Plaintiff (Appointed Party) and the Defendant B, the seller prepared a sales contract between the Plaintiff (Appointed Party) and the Plaintiff (Appointed Party) on each of the instant lands, and the buyer “Defendant B and nine others,” and the buyer “Defendant B and nine others,” respectively, and the sales price of KRW 1.07 billion is KRW 1 billion + KRW 300 million + KRW 670 million + KRW 600 million.

3) On March 25, 2005, including the registration of transfer of ownership of the Defendants’ ownership, etc., the registration of creation of a mortgage over each share of the land indicated in paragraphs (1), (3), (4), and (5) was completed in the name of S and T (Withdrawal of Lawsuit September 4, 2015) and the Defendants as to each share of the land owned by the Plaintiff (Appointed Party), including 13,220 square meters, which was owned by the Plaintiff (Appointed Party) as indicated in the following table. The registration of creation of a mortgage over each share of the land listed in paragraphs (1), (3), (4), and (5) was completed immediately after the date on which the registration was completed.

1 R forest land is owned by the co-owners of land before the sequence.

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