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(영문) 부산지방법원 2016.11.09 2016가합41251
소유권이전등기
Text

1. The Defendants received KRW 714,000,000 from the Plaintiff simultaneously with the Plaintiff’s payment:

A. Defendant B shall list the annexed sheet.

Reasons

1. Basic facts

A. Defendant B is the owner of 1,44/15,002 shares 50/15,002 shares 220/15,002 shares 220/15,002 shares 320/15,002 shares 323/15,002 shares (hereinafter “instant land”) and buildings listed in paragraph (2) of the attached Table No. 2 of the said land (hereinafter “instant building”). Defendant C is the owner of 500/15,002 shares out of the land listed in paragraph (1) of the attached Table No. 1 of the attached Table (hereinafter “instant land”).

B. On August 25, 2015, the Plaintiff purchased the instant land and buildings (hereinafter collectively referred to as “each of the instant real estate”) totaling KRW 950 million from the Defendants, and paid KRW 950 million to November 17, 2015, up to the period for establishing a right to collateral security with the said down payment on the separate real estate owned by the Plaintiff on the day of the sales contract. Of the remainder amounting to KRW 855 million, the Plaintiff agreed to take over KRW 141 million after deducting the remainder, which is the aggregate of the obligation to return the lease deposit of the instant building, (hereinafter referred to as “the remainder of the instant real estate”), by November 18, 2015.

(hereinafter “instant sales contract”). C.

On the other hand, on August 25, 2015, the Plaintiff and the Defendants, instead of preparing a sales contract with a sales amount of KRW 950 million with respect to the instant sales contract, prepared a sales contract (Evidence A 2-1) stating the seller’s KRW 500,000,00 for the land and buildings of the instant case, and the sales contract (Evidence A-2-2) stating the seller’s KRW 160,000,000 for the land and the subject matter of the instant sales contract (Evidence A-2) and the seller’s KRW 2,00,000,000 for the sales amount of KRW

(2) In addition, on August 25, 2015, the Plaintiff agreed to pay to the Defendants KRW 290 million in addition to the purchase price under each of the instant multi-unit contracts, as well as KRW 660 million.

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