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(영문) 부산지방법원동부지원 2016.04.21 2015가단8928
매매대금
Text

1. The Defendant: (a) each of the KRW 86,104,500 against the Plaintiff (Appointeds) and the appointed parties C, and against the said KRW 86,104,50 from August 12, 2014 to April 12, 2016.

Reasons

1. Basic facts

A. (Defendant’s sales contract) On January 9, 2014, the Defendant entered into a sales contract with the Plaintiff (Appointed Party) and the Appointor C (this partner is divided into one-half of each of the rights and obligations under all contracts; hereinafter the same shall apply) and Ulsan-gun D (hereinafter referred to as “Plaintiffs”) in Ulsan-gun, Ulsan-gun (hereinafter referred to as “D”) selling KRW 2,976 square meters in sales amount to KRW 342,00,000 in sales amount.

B. (Implementation of Sales Contracts) On February 6, 2014, the Defendant divided 542 square meters among the above land into F, and 330 square meters into G, respectively. On February 12, 2014, the Defendant completed the registration of ownership transfer with respect to the remaining land, namely, E orchard 2,646 square meters, and G orchard 330 square meters divided into G orchard.

The Plaintiffs paid KRW 300,000,000 out of the above purchase price to the Defendant, and agreed to convert the remainder of KRW 42,000,000 with the Defendant to the price for the sales contract to be concluded below.

C. (The instant sales contract) On May 1, 2014, the Plaintiffs concluded a sales contract with the Defendant to sell 402/2646 shares in E-U.S. KRW 71,200,000, and KRW 330,000 square meters in G orchard for KRW 60,00,000. On May 9, 2014, the Plaintiffs concluded a sales contract with the Defendant to sell 496/2646 shares in E-U.S. 2,646 square meters in KRW 80,00,00,000, and KRW 368/2646 shares in E-U.S. 2,646 square meters in KRW 66,60,00 (hereinafter collectively referred to as “instant sales contract”).

(Transfer of Plaintiff’s Ownership) On May 19, 2014, the Plaintiffs completed each registration of ownership transfer on shares of 402/2646 and shares of 330 square meters in G orchard among E orchard 2,646 square meters, and on May 27, 2014, with respect to shares of 496/2646 and shares of 368/2646 square meters.

E. (Land Division and Ownership Ownership) On June 13, 2014, the Plaintiffs and the Defendant divided 330 square meters of E orchard 2,646 square meters into H, 295 square meters into H, I, 169 square meters into J, 660 square meters into K, and 862 square meters into L.

The plaintiffs and the defendant on August 11, 2014, according to the division agreement of common property H.

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