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(영문) 수원지방법원 2020.08.20 2019가합22992

매매대금반환

Text

The defendant shall pay to the plaintiff KRW 86,934,927 and KRW 80,140,00 among them, from February 28, 2017, KRW 6,794,927.

Reasons

1. Basic facts

A. On February 27, 2017, the Plaintiff: (a) the first floor D of the building in Jung-gu Incheon Metropolitan City (exclusive use area of 40.05 square meters; hereinafter “instant commercial building”) from the Defendant on February 27, 2017.

(2) The sales contract of this case is a sales contract in which the sales price of this case is to be sold in 801,400,000 won in total (hereinafter “instant sales contract”).

2) At the time of entering into the instant sales contract, the Plaintiff signed and sealed the confirmation document that the details of the instant sales contract were explained by the Defendant at the time of entering into the sales contract.

3) The drawing of the instant commercial building is indicated as being scheduled to be installed on the inside of the instant commercial building as follows (Nos. 2 and 3.D.).

B. The Plaintiff paid 80,140,000 won of down payment to the Defendant on the date of entering into the instant sales contract (Evidence 4) (2) The Plaintiff received a loan from the Plaintiff E from May 17, 2017 to May 21, 2018, and paid 240,420,000 won of the intermediate payment pursuant to the instant sales contract to the Defendant.

(Evidence A, 5, 6). (c)

(1) On October 29, 2019, the Defendant repaid 240,420,000 won of the principal of the Plaintiff’s above loan to E Co., Ltd. (the Plaintiff did not have any dispute). Meanwhile, on October 23, 2019, the Plaintiff paid KRW 6,794,927 as interest on the above loan to E by October 23, 2019.

(A) No. 10, d.

1) The instant commercial building was completed around May 2019. 2) The instant commercial building had two columns (hereinafter “instant columns”) in the instant commercial building.

One of the instant columns is attached to the wall (gre: 80cm x 59cm x 39cm hereinafter “the wall pole”) and one is placed on the side of the instant commercial building.

Grere: 50cm x 66cm hereinafter referred to as “the pole on the side”). The form of the pole in this case is as follows:

The floor area occupied by the above columns is 0.802 square meters in total.

- The margin for the picture - the commercial building of this case - 3.