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Reasons
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(영문) 대전지방법원서산지원 2015.08.13 2014가합870
양수금
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1. As to the Plaintiff’s Intervenor, Defendant C’s KRW 180,000,00 for Defendant D and E, respectively, and each of the said money.

Reasons

1. Basic facts

A. F entered into a sales contract between F and G on May 12, 2005 (hereinafter “instant real estate”) is 12,850 square meters of H forest in Seosan-si owned by G, Seosan-si, and 6,456 square meters of I forest land (hereinafter “instant real estate”).

(1) The sales price shall be purchased at KRW 1.139 million; the down payment of KRW 40 million out of KRW 1220 million shall be paid on the date of the contract; the remainder of the down payment of KRW 80 million shall be paid up to May 16, 2005; the KRW 300 million out of the remainder shall be paid up to May 30, 2005; and the remainder shall be paid up to May 30, 2005; and the remainder shall be paid simultaneously with the transfer of ownership registration (hereinafter “instant sales contract”).

2) On May 12, 2005, G on July 29, 2004, which purchased the instant real estate in the name of G around July 29, 2004 and sold it to F on May 12, 2005, and in the process, J received the down payment, etc. on behalf of G.

Around May 23, 2005, G paid a total of KRW 380 million out of the remainder down payment of KRW 80 million and the remainder of KRW 300 million to G.

3. The following agreements were made between G on November 26, 2008:

Agreements

1. The real estate in this case shall be sold in excess of the sales amount of the real estate in this case to other persons;

2. However, in selling and buying the instant real estate, a sales contract shall be at least the purchase price (1.139 million won) of the instant real estate, and in the case of trading at least 3.5 million won per usual, a sales contract shall be concluded in the presence of a purchaser F.

3. When a sales contract under paragraph (2) is concluded, the remainder after subtracting transfer income tax from the amount excluding the sales amount of the instant real estate (1.39 million won) shall be divided into 1/2 of the seller and the purchaser, respectively.

4. The case.

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