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(영문) 수원지방법원 2020.07.15 2019나79893

주택대금

Text

1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

Purport of claim and appeal

1..

Reasons

1. The reasons for the acceptance of the judgment of the court of first instance are as follows: (a) the Plaintiff added or changed the same as “the part used for adding or adding 2.0” and (b) the Plaintiff added the assertion that the court is added to this court, except for the addition of “3.0 additional determination”, and therefore, (c) it is identical to the reasons for the judgment of the court of first instance. As such,

2. A portion used for adding or cutting;

A. Part 2 of the judgment of the first instance is to add “Defendant” in the preceding part of the judgment of the second instance, unless there are special circumstances.

B. The second last sentence of the judgment of the court of first instance (the second sentence) shall be incorporated into “Swee” and “Swee” (the second sentence).

3. Additional determination

A. The Plaintiff’s counterclaim claims that the Defendant asserted a set-off amounting to KRW 150,00,000 against the Plaintiff, and the claims claimed by the Plaintiff in this case are KRW 170,00,000 against the Defendant rather than I.

Therefore, I cannot express his/her intent of set-off with the plaintiff's claim against the defendant as a passive claim.

In addition, since the scope of a set-off is limited to equal amount, even if the set-off claimed by the defendant is recognized, at least 20,000,000 out of the plaintiff's claim remains.

B. The defendant's defense is justified in finding facts and determining that the plaintiff's right to claim ownership transfer registration and claims against the plaintiff of I are all extinguished in accordance with the agreement between the plaintiff, the defendant, and I on offset. Thus, the plaintiff's assertion on a different premise is without merit.

4. The judgment of the court of first instance is legitimate, and the plaintiff's appeal is dismissed as it is without merit. It is so decided as per Disposition.