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(영문) 의정부지방법원 2021.01.07 2019가합484
대금 감액 및 손해배상(기)
Text

The defendant's KRW 20,00,000 to the plaintiff and its related 5% per annum from April 13, 2019 to January 7, 2021, and the following.

Reasons

1. Facts of recognition;

A. The previous ownership relationship of land was 1) owned by E (the original ownership (the ownership transfer registration on August 26, 1995 due to the division of the common property on August 9, 1995) with respect to the portion of 3/11 shares for C, C, 313 square meters and D farm site (hereinafter collectively referred to as “each land of this case,” and the individual land of this case is specified only once on several occasions) in Yangju-si. The ownership was originally owned by E (the ownership transfer registration on August 26, 1995) with respect to the portion of 3/1 shares for 2/11 shares for each adjustment on December 27, 2002, with respect to shares of 2/11 shares for G, H, H, and J as the cause of inheritance on 2/11 shares, 2/11 shares for each share of G, H, 3/11 shares for each transfer on 2/46/47, 2067, and 207.

2) On June 5, 2017, the Defendant purchased all shares of the remaining co-owners, excluding I and J shares, from each of the instant lands, at KRW 500 million, and completed the registration of ownership transfer on June 7, 2017 for each of the instant lands.

B. 1) On April 17, 2018, the Defendant was delegated with the authority to dispose of each of the instant lands from I and J, and entered into a contract to sell each of the instant lands at KRW 150 million to the Plaintiff (hereinafter “instant contract”). 2) On May 29, 2018, the Plaintiff paid the said purchase price to the Defendant in full, and completed the registration of transfer of ownership on each of the instant lands on May 29, 2018.

3) Meanwhile, on June 15, 2007, K entered into a contract to purchase the pertinent building at KRW 150 million from K on July 16, 2018, and completed the registration of ownership transfer on August 16, 2018.

(c)

The existence of graves in each of the instant lands was concluded at the time of the conclusion of the instant sales contract.

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