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(영문) 의정부지방법원 고양지원 2018.11.16 2017가합76312

매매대금

Text

1. Defendant (Counterclaim Plaintiff) C pays KRW 170,000,000 to Plaintiff (Counterclaim Defendant) A.

2. Defendant (Counterclaim Plaintiff) D.

Reasons

1. Determination as to the cause of the principal claim

A. The facts of recognition (1) The Plaintiffs, together with E, F, G, H, and I (hereinafter the Plaintiffs and the above five (hereinafter referred to as “instant building owners”), newly constructed a “L” (hereinafter referred to as the “L”) which is a housing complex with 112 households in total, consisting of 14 households, consisting of 14 households, total sum of 14 households from the Sinyang-dong-guJ or K.

(2) On July 17, 2017, Plaintiff A, the owner of the instant housing complex M&A, sold N to Defendant C at KRW 25 billion (hereinafter “first sale contract”); Defendant C, on August 26, 2017, shall move into the said N, and first pay KRW 35 million out of the purchase price until the occupancy; and the remainder KRW 170 million shall be paid upon the bank’s loan immediately after moving into the N.

(3) On September 11, 2017, Plaintiff B, as the owner of the instant housing complex’sO agreement, sold No. 25 million won for the purchase price to Defendant D (hereinafter “the second sales contract”); Defendant D, on September 16, 2017, occupied the purchase price to P; first paid KRW 1.5 million out of the purchase price until the occupancy; and the remainder KRW 100 million was paid upon the bank’s loan following the occupancy.

(4) Defendant C paid KRW 35 million out of the purchase price to Plaintiff A, and Defendant D paid KRW 15 million out of the purchase price to Plaintiff B, respectively, and occupied each of the relevant lending on August 26, 2017 and September 16, 2017 (hereinafter referred to as “each of the lending of this case”) and resided until now.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and 2, purport of the whole pleadings

B. According to the above findings of the determination, Defendant C is obligated to pay the remaining 170 million won to Plaintiff A, and Defendant D is obligated to pay the remaining 100 million won to Plaintiff B.

Furthermore, the plaintiffs seek for the payment of damages for delay of each purchase and sale balance against the defendants. Thus, the defendants' obligation to pay each purchase and sale balance is different.