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(영문) 부산지방법원 2019.04.19 2018나54019

약정금

Text

1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

Purport of claim and appeal

The first instance court.

Reasons

1. Basic facts

A. The Plaintiff is a co-owner who owns the share of 3/10 of a square meters and a ground building (hereinafter “instant real estate”) in the Young-gu, Busan Metropolitan City. E is a co-owner who owns the share of 4/10 of the said real estate, and F is a co-owner who owns the share of 3/10 of the said real estate.

(hereinafter referred to as "Plaintiff, etc."). B.

Plaintiff

On July 18, 2016, between the Defendants and the Defendants, the Defendants entered into a sales contract with the content that the instant real estate was KRW 755 million (a contract amounting to KRW 80 million, a balance of KRW 675 million on August 1, 2016) and that was sold to the Defendants.

(hereinafter “instant sales contract”). C.

Meanwhile, among the instant real property, the PC bank on the first floor of the building (hereinafter referred to as “PC bank”) was in the state of leasing G from June 25, 2015 to June 25, 2017 by setting the lease deposit amount of KRW 20 million, and KRW 1.2 million per month of rent. At the time of the instant sales contract, G was in the state of unpaid rent of KRW 7.2 million.

In this regard, on July 29, 2016, the Defendants drafted “a letter of performance and written agreement” (No. 2; hereinafter “instant agreement”) stating the following phrases to the Plaintiff.

The agreement shall provide cooperation and implement so that the unpaid portion may be preferentially paid to the representative of the transferor, after deducting the unpaid portion of KRW 20 million out of the PC deposit as the unpaid portion of KRW 7.2 million was incurred in the course of the transfer and acquisition of the entire real estate in this case and the monthly rent in the first floor.

Plaintiff

On July 29, 2016, the Defendants received the remainder after deducting KRW 20 million from the balance of the purchase price under the instant sales contract the lease deposit for the PC bank from the Defendants, and completed the registration of ownership transfer for each of the instant real estate 1/2 shares due to each sale.

[Ground of recognition] Facts without dispute, Gap evidence 1 (including paper numbers), 2, Eul evidence 1 and 2, the purport of the whole pleadings

2. The parties' assertion

A. The plaintiff is the plaintiff of this case.