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(영문) 인천지방법원 2018.09.12 2017가단230467
매매대금
Text

1. The Defendants are jointly and severally liable to the Plaintiff for 40,000,000 won and 5% per annum from January 1, 2016 to August 27, 2017.

Reasons

In full view of the purport of the entire pleadings, the following facts can be acknowledged in the facts acknowledged by the fact finding and the legal effect of Gap evidence Nos. 1 to 11-2 (including evidence with a serial number, if any).

On November 26, 2015, the Plaintiff’s lostbu D sold, to Defendant B, a number of lots of land, including 40 million square meters, Kimpo-si E, Kimpo-si, for KRW 982 square meters (the contract amount of KRW 40 million, the balance of KRW 560 million, the due date of the fulfillment of the contract amount of KRW 560 million, December 30, 2015).

Initial KRW 620 million (former October 29, 2015, KRW 420 million in KRW F, G, and H 11.7.2 billion in KRW I, E, and J) have been written in a sales contract, and D also accepted it with the purport that she would have been given a reduction of KRW 20 million in KRW 20,000,000, and to sell it in KRW 600,000 as above.

On December 30, 2015, the transfer registration of ownership was also made.

The Plaintiff, who is the deceased D’s child, is filing the instant claim against the Defendants in the position of the heir or the assignee of the claim.

Defendant C is the partner of the above buyer, and the land of this case is the site of the business operated by the Defendants.

He expressed his intent to assume the obligation of KRW 40 million to the Plaintiff.

(A5) As to the Defendant’s defense of evidence, as to the cash custody certificate No. 5, the Defendant C is presumed to have been duly constituted since it recognizes the fact that it has signed.

It is not so. Defendant C signed the fact, but completely blank, without permission, and without permission, and there is no proof of the defendant, and the defense is without reason.

According to the above facts of recognition of the plaintiff's claim, the purchase price is KRW 60 million.

The plaintiff filed a claim for the remaining KRW 40 million with the fact that he received KRW 560 million out of the sale price. The plaintiff filed a claim for the remaining KRW 40 million against the defendant B, who is the buyer, based on the sales contract, and his overlappingness with the defendant C, who prepared a cash custody certificate.

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