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(영문) 서울고등법원 2015.10.08 2014나36926
매매대금
Text

1. All appeals filed by the Defendants and the claims filed by Defendant B for the return of provisional payments are dismissed.

2. The costs of appeal are assessed against the Defendants.

Reasons

1. Basic facts

A. On December 3, 2010, the Plaintiff sold each of the lands listed in the separate sheet Nos. 1 through (3) (hereinafter “Defendant B’s land”) to Defendant B for KRW 645,00,000 (hereinafter “instant sales contract”). On the same day, Defendant C sold each of the lands listed in the separate sheet Nos. 4 and 5 (hereinafter “Defendant C’s land”; and Defendant C’s land and the land owned by Defendant C collectively “instant land”) for KRW 430,00,00 (hereinafter “instant secondary sales contract”; and collectively, the instant sales contract and the instant secondary sales contract were collectively referred to as “each of the instant sales contracts”).

B. On December 10, 2010, Defendant B paid to the Plaintiff KRW 428,916,575 out of the purchase price under the instant sales contract (i.e., KRW 333,930,00,00 in lieu of payment pursuant to the instant sales contract, in lieu of payment pursuant to the instant sales contract, when he subrogated for the Plaintiff’s obligation of loans to the Plaintiff to the Song Agricultural Cooperative. On the same day, Defendant C paid KRW 285,595,308 out of the purchase price under the instant sales contract (i.e., KRW 222,620,00 in lieu of payment pursuant to the instant sales contract).

C. On December 10, 2010, the Plaintiff completed the registration of ownership transfer on the land owned by Defendant B with respect to the land owned by Defendant C (hereinafter “each of the instant registration of ownership transfer”).

[Reasons for Recognition] Facts without dispute, Gap evidence 1, 5 evidence, Eul evidence 1 to 3, 5, 6 evidence (if any, including each number; hereinafter the same shall apply) and the purport of the whole pleadings

2. According to the above facts of determination as to the cause of the claim, barring any special circumstance, Defendant B shall not be paid to the Plaintiff, and Defendant B shall not pay the unpaid purchase price of KRW 216,083,425 (i.e., KRW 645,00,000 - KRW 428,916,575) pursuant to the sales contract of the instant case, and Defendant C shall be unpaid pursuant to the second sales contract of the instant case.

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