beta
(영문) 서울중앙지방법원 2011.04.15 2010가합75650

매매대금

Text

1. All claims filed by the Plaintiff (Counterclaim Defendant) are dismissed.

2. The Plaintiff (Counterclaim Defendant) is jointly and severally liable.

Reasons

1. Basic facts common to the principal lawsuit and counterclaim;

A. The plaintiffs and the defendant exchanged their own real estate on October 2009 and entered into each of the following contracts with each other as mutual transfer.

1) The Plaintiffs and the Defendant concluded a sales contract on September 17, 2009, with the content that the Plaintiffs would sell the land and building (hereinafter “instant land and building”) indicated in the separate sheet to the Defendant for KRW 850,000,000, as indicated in the separate sheet (hereinafter “instant land and building”).

(2) According to the contract, the intermediate payment shall be KRW 850,000,000, and the intermediate payment shall be KRW 15,000,000 on the date of the contract, and the intermediate payment shall be paid on October 9, 2009, and the intermediate payment shall include KRW 690,000,000,000, and the remainder payment shall be paid on October 15, 2009, and any remainder of KRW 90,000,000 shall be paid on October 15, 200, and the following special agreements shall be added.

1. The purchaser shall verify all the field surveys and related documents;

2.Before the value of each other’s goods, a contract is entered into by the principal as necessary, so that there is no objection after mutually reviewing the other party’s loan, lease, facilities of a building, road conditions, etc. It does not legally raise any objection. 5. The details of the loan and lease will be removed at the time of the request of the buyer (the seller) or at the time of the request of the buyer.

C) According to the lease details attached to the above contract, each lease contract equivalent to the sum of deposit amounts of KRW 230,000,000, monthly rent of KRW 4700,000 exists in this building, and the deposit money and monthly rent of the following lease contract can be changed. D) The Plaintiffs and the Defendant concluded a comprehensive transfer contract for real estate transfer and takeover as of October 15, 2009, which comprehensively transfers all rights and obligations with respect to the instant land and building to the Defendant by the Plaintiffs.

Article 3 of the above contract provides that "The value of the transferred property shall be appraised by the plaintiff."