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(영문) 서울서부지방법원 2018.01.11 2017가단204684

계약금등반환

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1. The Defendant: (a) KRW 50,000,000 for the Plaintiff and 5% per annum from February 28, 2017 to January 11, 2018; and (b) the Plaintiff.

Reasons

1. Basic facts

A. On July 12, 2016, C decided to purchase the real estate in the attached Form (hereinafter “instant real estate”) owned by the Defendant between D (the Defendant’s mother’s mother) and D (the Defendant’s mother’s mother) as the Defendant’s agent for KRW 540 million, and paid KRW 50 million to the Defendant on the same day as the down payment.

B. C established the Plaintiff on December 29, 2016 and became the representative director.

After that, the plaintiff and the defendant on January 12, 2017 as to the real estate in this case.

A sales contract is concluded as stated in the subsection, but the Plaintiff becomes the purchaser, and C considers the payment of KRW 50 million paid by C to the Defendant as the down payment of the instant sales contract. The payment of KRW 40 million in the intermediate payment of KRW 40 million in the intermediate payment of KRW 290 million in the amount of loans to the Yeong-dong 2-dong Saemaul Savings Depository, Daegu (hereinafter referred to as the “Segu Saemaul Savings Depository”) is KRW 40 million in the instant real estate as of December 9, 201, the registration of creation of a neighboring mortgage was completed as of December 9, 201, with the amount of KRW 416 billion in the amount of the mortgagee’s community credit, the debtor, and the maximum debt amount of KRW 290 million,000 in the instant real estate.

(hereinafter “instant loan”) and the lease deposit amount of KRW 150,000,000,000 in lieu of succeeding to the succession, and the remainder of KRW 50,000 was paid until February 1, 2017.

In this case, the intermediate payment shall be deemed to have been paid at the time of changing the debtor's name, but the due date for the change shall be the date of payment of the remainder, and the balance shall be adjusted in proportion to the total amount of the lease deposit as at the date of payment

(hereinafter “instant sales contract”). Accordingly, the Plaintiff and the Defendant drafted a sales contract once again, and the existing sales contract prepared between C and the Defendant was discarded.

C. The Plaintiff and the Defendant assumes that the instant sales contract is subject to Paragraph 3 of the special terms and conditions of the instant sales contract, and that the buyer (the Plaintiff) succeeds to the loan of the seller, and the succession to the loan is subject to the seller’s responsibility.

(b) succession.