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(영문) 울산지방법원 2020.08.18 2019가단114897
공유물분할
Text

1. The remaining amount of each real estate listed in the separate sheet after deducting the expenses for auction from the proceeds of auction;

Reasons

1. Facts of recognition;

A. On December 22, 2016, the Plaintiffs (livers) and the Defendant, among the real estate listed in the separate sheet (hereinafter “each of the instant real estate”), negotiated with regard to the sale of shares owned by the Defendant 25/100 among the real estate listed in the separate sheet (hereinafter “each of the instant real estate”), prepared a draft of the sales contract to the Plaintiff A and sent the draft electronic mail to the Plaintiff.

B. On December 23, 2016, the following day, the Plaintiffs remitted each KRW 12,050,000 (2,410,000 won/2) in the account number entered in the draft of the above sales contract in the name of the Defendant.

C. On January 4, 2017, the Defendant sent to the Plaintiffs a certificate of the content that “if the sales contract did not proceed due to the failure to make the maximum decision on the sales contract, the Plaintiffs would return the scheduled account number to KRW 12,050,000, which they remitted as the down payment, to the Plaintiffs.” On January 11, 2017, when the Plaintiffs did not comply therewith, the Defendant deposited the Plaintiffs as the principal deposit and paid the said deposit amount of KRW 12,050,000, respectively. The Plaintiffs reserved an objection on December 27, 2017 and paid the said deposit.

On the other hand, on January 26, 2017, the Plaintiffs completed the registration of ownership transfer based on sale on December 23, 2016 with respect to E and F shares out of each of the instant real estate. On March 6, 2017, the Plaintiffs completed the registration of ownership transfer based on sale and purchase on February 14, 2017, and each of 3/8 shares was owned by the G Association on March 20, 2017. On March 20, 2017, the Plaintiffs completed the registration of ownership transfer based on the registration of ownership transfer based on sale and purchase on February 14, 2017.

[Ground of recognition] Facts without dispute, entry of Gap1 to 8 evidence (including additional number), purport of the whole pleadings

2. Determination on the claim for penalty or cancellation money

A. The contract for the shares owned by the Defendant among each of the instant real estate asserted by the Plaintiffs was established, and the Plaintiffs’ down payment is the down payment.

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