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(영문) 서울중앙지방법원 2017.07.20 2016가합556700

매매대금

Text

1. As to the Plaintiff A’s KRW 125,00,000, Plaintiff B’s KRW 115,000,000, and each of the said money, the Defendant began on October 6, 2016.

Reasons

B. The Plaintiff, on December 2, 2015, borrowed KRW 140,000,000 from the transmitting forest, and completed the registration of the establishment of a neighboring building at KRW 182,00,000 with respect to the land and building E on the transmitting forest, with the maximum debt amount of KRW 182,00,000.

C. On April 8, 2016, the Plaintiff entered into a real estate sales contract (hereinafter “instant sales contract”) with the following terms as the seller and the Defendant as the buyer, and entered into a real estate sales contract (hereinafter “instant sales contract”).

Article 1 In respect of the sale and purchase of the above real estate, the buyer shall pay the proceeds to the seller by the following means of payment:

The loan of KRW 95,000,000,000,000 for approximately KRW 1,785,000,000 for approximately KRW 1,785,000 for approximately KRW 95,000 for approximately KRW 95,000 for approximately KRW 45,000 for approximately KRW 6/30 for the loan of KRW 44,000 for the loan of KRW 5,000 for the loan of KRW 445,000 for the loan of KRW 7,000 for the loan of KRW 1,785,00 for the total amount of the loan of KRW 1,00 for the loan of KRW 6/30 for the loan of KRW 7,000 for the loan of KRW 7,00 for the loan of KRW 385,00 for the loan of KRW 1,000

[Ground of recognition] Unsatisfy, Gap evidence Nos. 1- 9 (including the number with each number), the purport of the whole pleadings

2. The parties' assertion

A. As the Plaintiffs asserted in the instant sales contract, on April 8, 2016, the Plaintiffs determined and sold K real estate owned by the Plaintiffs to the Defendant as KRW 255,000,000 ( KRW 255,000,000 x 7 = 1,785,000,000) per piece of land and per bond of a building.

However, Article 1 of the sales contract of this case is replaced by a succession to a loan and a substitute exchange for the payment of down payment of KRW 95,000,000. Since there are loans of KRW 130,000 for D land and buildings, KRW 140,000 for land and buildings, and KRW 130,000 for land and buildings, the Defendant: (a) for the Plaintiff, 125,000,000 for remainder after subtracting KRW 130,000 from KRW 25,000 for land and buildings; and (b) for the Plaintiff B, 140,000 for the remainder payment of KRW 25,00 for land and buildings.