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(영문) 수원지방법원 2014.04.10 2013가합20222

기타(금전)

Text

1. The Defendant (the Plaintiff-Counterclaim Plaintiff-Appointed) and the appointed party C:

A. The Plaintiff (Counterclaim Defendant) is jointly and severally liable for KRW 97,000,000.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. On May 13, 2013, the Plaintiff: (a) sold real estate listed in the separate sheet (hereinafter “instant real estate”); and (b) sold KRW 1170,000,000 for the purchase price; (c) KRW 300,000 for the contract date and the intermediate payment of KRW 100,000 for the remainder of KRW 1 billion on May 28, 2013; (d) received on June 28, 2013, and concluded a sales contract (hereinafter “the instant sales contract”) with the Defendant and the appointed parties to settle the loan obligations of the right to collateral security and the remainder of lease deposits on the instant building; and (e) concluded a sales contract with the Defendant and the appointed parties to form a residential space for the purpose of establishing the said contract.

B. Although the building of this case is the second class neighborhood living facilities and the third class and fourth level of multi-family houses have two units on each of the two units on the building ledger, it actually changes the use of the second class neighborhood living facilities into the housing, and uses the third class and fourth level of households by four units, respectively.

C. The instant sales contract is a special agreement stating that “a contract is made in the present state of a facility. A certified copy of the register, building register, and land use confirmation document shall be confirmed and attached. A seller and a buyer simultaneously answers the site and explained about the interior facilities and building ledger.” In addition, the object confirmation and explanatory note attached to the sales contract also states that “whether the violating building is in violation of the building ledger, Inclusion in violation of the building ledger, : violation of the violation: use of the root part as a house: the number of household units increase.”

The Plaintiff received the down payment of KRW 30 million from the Defendant and the Appointor at the time of the instant sales contract, and the intermediate payment of KRW 100 million on May 28, 2013, respectively, and the right to collateral security as to the instant real estate.