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(영문) 수원지방법원 2021.01.21 2020가단540567

매매대금

Text

1. The Defendants shall jointly and severally pay to the Plaintiff KRW 46,00,000 and the interest rate thereon from June 12, 2020 to the day of full payment.

Reasons

1. Basic facts

A. On April 1, 2020, the Plaintiff entered into a sales contract with the Defendants to sell real estate listed in the separate sheet (hereinafter “instant real estate”) (hereinafter “the instant sales contract”). The sales price: KRW 400,000,000 contract deposit: a loan to be paid at KRW 24,000 when entering into a contract: KRW 135,00,000 (E Association) shall be the buyer’s succession or substitute exchange.

An intermediate payment: The balance paid on April 6, 2020: 56,000,000 won on April 29, 2020: the special terms and conditions of payment made on April 29, 2020:

1. Contract under the current state;

2. Although the right to a site on the public record is not indicated, in the certificate (contract for real estate sale) No. 1 of 25.694m2 per 757m2, “No. 39.4m2” is written, but it is written in the certificate (contract for real estate sale) No. 1 of “No. 25.694m2” in the area of the right to a site “No. 1 of the area of the right to a site,” and as a result, in the lawsuit as to the right to a site on the instant real estate as seen below, the Plaintiff prepared a written contract after confirming the judgment on the said right to a site at the time of the contract

In light of the fact that the “39.4 square meters” in the evidence No. 1 appears to be a clerical error.

the transfer of ownership, including the transfer of ownership.

3. Contract for comprehensive transfer and acquisition;

4. Other matters not discussed shall be governed by the Civil Act and Acts related to real estate and the general practices of real estate.

B. On April 22, 2020, the Defendants completed the registration of transfer of ownership due to sale on April 1, 2020 by the Suwon District Court (No. 102096, April 1, 2020) as to each of the instant real property, and completed the registration of establishment of a collateral security right with the maximum amount of KRW 240,000,000 for each of the instant real property on April 22, 2020 by the FF association as the receipt No. 102097, April 22, 2020, for a contract to effect a contract on April 22, 2020.

(c)

On April 28, 2020, the Defendants paid only KRW 10,000,000 to the Plaintiff out of the remainder under the instant sales contract, and did not pay the remainder KRW 46,00,000.

[Reasons for Recognition] There is no dispute;

참조조문