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(영문) 서울중앙지방법원 2019.05.30 2018가합520590

소유권이전등기

Text

1. The defendant shall receive KRW 24,400,000 from the plaintiff and at the same time real estate stated in the attached Table to the plaintiff.

Reasons

1. Basic facts

A. On October 30, 2016, the Defendant concluded a sales contract with the Plaintiff with respect to the real estate listed in the separate sheet owned by it (hereinafter “instant apartment”).

The following is the issue of whether the sales price was set at KRW 740 million (750 million). (B) The following is the dispute: (a) whether the sales price was set at KRW 740 million: (b)

On October 30, 2016, the Plaintiff paid to the Defendant the sum of KRW 45 million, and KRW 75 million on November 7, 2016, as down payment.

C. Around December 2016, upon the Plaintiff’s introduction, concluded a lease contract between the Defendant and the instant apartment with a deposit of KRW 540 million with respect to the lease deposit. On December 31, 2016, C paid a down payment of KRW 10 million to the Defendant.

On January 3, 2017, C and the defendant entered into a lease agreement with the content that the lease deposit amount is KRW 400 million and the monthly rent is KRW 450,000,000, and thereafter, the lease agreement with the term of lease from March 3, 2017 to March 2, 2019 was entered into between March 3, 2017 and March 2, 2019.

E. C paid KRW 170 million to the Defendant on February 22, 2017, and KRW 220 million on February 28, 2017, and upon receipt of the instant apartment from the Defendant, C began to reside on March 2, 2017.

F. On March 13, 2017, the Plaintiff paid a total of KRW 200 million on March 13, 2017 and KRW 200 million on March 14, 2017 to the Defendant as an intermediate payment, and paid KRW 50 million on March 17, 2017 under the remaining terms.

G. On March 17, 2017, the Plaintiff and the Defendant: (a) the lessor, the lessee, and the Plaintiff’s husband D; (b) the lease period from March 17, 2017 to March 17, 2019; and (c) the deposit is KRW 340 million; (b) the deposit is KRW 75 million; (c) the intermediate payment is KRW 200 million; and (d) the remainder is paid or payable on the date of the contract.