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(영문) 창원지방법원 2013.09.12 2011가합6144
구상금
Text

1. As to the Plaintiff KRW 203,00,000 and its KRW 28,00,000 among them, the Defendant shall pay to the Plaintiff KRW 175,00,000 from February 16, 201.

Reasons

1. Facts of recognition;

A. A. Around November 2007, the Defendant purchased land jointly with F, a real estate developer, and G, a constructor, and decided to sell the land on the ground and distribute the profits from the purchase to each investment amount (hereinafter “instant joint investment agreement”), and Defendant, F, and G “Defendant, etc.”

(2) On November 20, 2007, the Defendant, etc. entered into each sales contract (i.e., the document No. 1 and 2) that purchases KRW 29 million for the amount of KRW 5408 square meters in the name of the Defendant’s wife (i.e., H and F), and J, the wife of G (i.e., the Defendant’s wife), with respect to the amount of KRW 932 million in the name of Kimhae-si, the joint ownership of C and D, and KRW 5408 square meters in the name of Kimhae-si (hereinafter “one real estate”). The Defendant, etc. paid KRW 80 million in the name of the down payment (i.e., the document No. 1 and 2) as well as KRW 20 million in the name of the Defendant’s wife.

3) On February 4, 2008, the Defendant, etc. obtained the approval of the establishment of an automobile engine on the first and second real estate ground from the Kimhae market, in the name of the first and second real estate owner, and the Defendant, etc., again drafted a sales contract (A evidence 1-2) with the name of the Defendant as “Defendant” between the seller and the buyer on March 7, 2008, in order to pay the intermediate payment and remainder to the said seller, and entered into a new sales contract (A evidence 1-2) with the name of the buyer as “Defendant”, and entered into an agreement to receive the registration of ownership transfer from the seller before the intermediate payment or the remainder payment date,

Therefore, the Defendant, etc. agreed to pay the remainder of KRW 80 million in the first intermediate payment of KRW 570 million between the seller and D as of March 18, 2008, and the second intermediate payment of KRW 82 million in the second intermediate payment of KRW 200 million on May 2, 2008, and the remainder of KRW 200 million on June 16, 2008, respectively between the seller and D after March 18, 2008, the Defendant, etc. agreed to pay the remainder of KRW 282 million on or after March 18, 2008 shall pay the interest rate of KRW 1% per month after the sales contract.

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