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(영문) 서울중앙지방법원 2018.02.02 2016가합567137
매매대금반환
Text

1. The Defendants: (a) from November 16, 2002 to November 30, 201, respectively, to the Plaintiff KRW 95,894,540; and (b) from November 30, 2016 to the Defendant C.

Reasons

1. Basic facts

A. On August 27, 1997, the Plaintiff entered into a sales contract with the deceased for the purchase of each of the real estate listed in the separate sheet (hereinafter “each of the instant real estate”) owned by the deceased at KRW 820 million, but the down payment of KRW 100 million at the time of the contract, within 10 days after obtaining land transaction permission, and the second intermediate payment of KRW 160 million at KRW 160,000,000 for the second intermediate payment of KRW 2 months after the date of payment of the first intermediate payment, and the remainder of KRW 400,000,000 for the second intermediate payment of KRW 160,000,000 for the second intermediate payment of KRW 2 months after the date of payment of the second intermediate payment.

(hereinafter “instant trade”). B.

The Plaintiff paid to the Deceased a total of KRW 479,472,701 ( KRW 10 million on August 27, 1997, KRW 60 million on September 10, 1997, KRW 1997, KRW 140,000 on November 15, 1997, KRW 79,472,701 on November 15, 2002, KRW 4701 on each of the instant real property, which was established in the name of H association, to the Deceased.

Attachment of I Provisional Attachment (Request Amount: 200 million won) on June 26, 2003 by the State (Disposition Office: Leecheon-si seizure on September 16, 2004 by the State on September 16, 2004

C. The Deceased died on December 23, 2006, and the Defendants, as their children, became the deceased’s heir.

At the time of the deceased’s death, the following provisional attachment or seizure registration was completed.

On February 2010, the Plaintiff filed a lawsuit against the Defendants for ownership transfer registration according to the instant sales contract as Seoul Central District Court 2010Kahap18442.

On January 28, 2011, the above court rendered a judgment to the effect that "the defendants are paid 68,105,459 won from the plaintiff (i.e., unpaid 340,527,29 won = 820,000 won = 820,000 won paid - 479,472,701 won x 1/5)" and at the same time, the court issued a judgment to the effect that "the plaintiff shall implement the procedure for the registration of ownership transfer for 1/5 shares out of each of the instant real estate (Seoul High Court 201Na27471) and appeal by the defendants."

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