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(영문) 부산지방법원 2018.08.29 2017가합50207
약정금
Text

1. The Defendant: (a) KRW 122,266,945 for each of the Plaintiffs; and (b) 5% per annum from November 4, 2017 to August 29, 2018; and (c)

Reasons

1. Basic facts

A. The plaintiffs, the defendant, and the network D are lineal descendants of the network E and network F.

B. The network E died on March 5, 200, the network F on October 2, 2016, and the network D on August 26, 2006.

C. After the death of the deceased on March 5, 200, on the ground of inheritance by consultation and division, on June 17, 2000, the registration for the transfer of ownership of the land and building in Busan-gu G land and building was completed on June 17, 200, for the plaintiffs, the defendant, and the network D with respect to the land and building in Busan-gu H land and building (hereinafter “the instant real estate”).

After the death of the deceased D, on June 4, 2015, the registration of ownership transfer was completed on August 26, 2006 with respect to one-fourth portion of the real estate of this case of the deceased D on August 4, 2015.

E. On February 25, 2015, the Plaintiffs, the Defendant, and the deceased F sold the instant real estate at KRW 300 million, the intermediate payment of KRW 500 million (payment up to June 4, 2015), the remainder of KRW 2075 billion (payment up to June 30, 2015), to the I, and the J in total of KRW 2.875 billion (payment up to June 30, 2015).

F. The plaintiffs, the defendant, and the deceased F amounting to KRW 1.413 billion from 2.875 billion to 2.87 billion to 1.4 million to 2.4 billion to 1.4 million to 1.4 million to 1.4 million to 1.4 million to 1,40 million won [1. (1) to 250,000,000 won as to security loans on land and buildings in Busan-gu Busan-gu G land (2. (35,000,000 won to 183,000,000 won to 35,000,000 won to 440,000,000 won to be incurred in the transfer of 1/4 of the real estate in this case to the net F. (hereinafter referred to as the "Defendant apartment in this case"). The defendant's Busan-dong Seoul-dong 102,302 Dong-dong (hereinafter referred to as the "Defendant apartment in this case").

() The remaining KRW 1.462 billion, which was deducted from the purchase cost of KRW 500,00 (hereinafter “the deduction cost of this case”) (hereinafter “the deduction cost of this case”), is divided by 1/4,000,000,000 for each share ratio of the Plaintiffs, the Defendant, and the networkF. The Plaintiffs and the Defendant shall pay KRW 15,50,000,000 for each amount divided by the ratio of 1/4 shares to the networkF. Ultimately, the Plaintiffs and the Defendant shall finally pay KRW 350,000 = 1.462 million x 1.462 million.

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