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(영문) 의정부지방법원고양지원 2015.02.05 2013가단506177
매매대금
Text

1. As to the Plaintiff (Counterclaim Defendant)’s KRW 28,115,894 and the Plaintiff’s counterclaim from May 30, 2014 to February 5, 2015.

Reasons

1. Basic facts

A. From September 17, 2004 to February 2, 2011, the Plaintiff and the Defendant engaged in the same business with D private houses from Nos. 1, 401, and 501 (hereinafter “highest real estate”).

The plaintiff shared 14/20, and the defendant shared 6/20 shares in 20, but in the inside, the shares in the business relationship was agreed to 50:50.

B. On March 2010, the Plaintiff and the Defendant agreed to sell to E the first real estate in KRW 3.25 billion. The Plaintiff and the Defendant agreed to sell the first real estate in KRW 3.25 million, and that the ownership of Kimpo-si, G, H roads, I, and its ground buildings (hereinafter referred to as “laver real estate”) registered in the name of F, in lieu of the Plaintiff’s transfer, the Plaintiff and E take over the obligation and the obligation of collateral security deposits, which are established on each real estate, instead of receiving the ownership from the Plaintiff. The Plaintiff additionally paid KRW 50 million to the Plaintiff.

C. On May 19, 2010, the Plaintiff and the Defendant agreed to settle the following (hereinafter “instant agreement”).

The plaintiff shall be responsible for disposal of the first real estate and liquidation of the enterprise, but the total assets of the enterprise shall be 3,095,461,975 won, the total assets of the enterprise shall be 2,098,185,374 won, and the net assets shall be 97,276,601 won (= KRW 3,095,461,975 won - 2,098,185,185,374), and the defendant's share of KRW 498,638,6300 and interest of KRW 285 million until May 2010 and interest of KRW 6,305 million until KRW 5,300,000 and KRW 417,223,340,000 related to E, and KRW 81,414,960 shall be paid to the defendant.

The amount of KRW 50,000,000,000,000,000,000 for the naval deposits with respect to J (Yancheon District Court Branch Branch, No. 372, 2010, hereinafter “instant deposit”) and the attorney’s fees, including the said total debts, shall be distributed 50% each by the Plaintiff and the Defendant according to the results of the subsequent trial, and the estimated global income tax amount of KRW 20,000,000 from 209 to May 2010 shall be settled for the increase or decrease after the payment by the Plaintiff.

On February 24, 2011, the Plaintiff and the Defendant sold to K the inner real estate of KRW 4.7 billion at the request of E.

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