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(영문) 인천지방법원 2020.07.21 2019가합51535

매매대금

Text

The plaintiffs' claims against the defendants are dismissed in entirety.

The costs of lawsuit shall be borne by the plaintiffs.

Reasons

Basic facts, E and F land and buildings thereon, G land and buildings thereon, and H land (hereinafter collectively referred to as “instant real estate”) were owned by the Plaintiffs in 1/2 shares.

On June 22, 2018, the Plaintiffs (sellers) and the mother of the Defendants C and I (Buyers) concluded a sales contract for the instant real estate.

(hereinafter “instant sales contract”). The main contents of the sales contract formulated at the time are as follows:

hereinafter referred to as "the primary contract"

The remainder of the purchase price: 40,000,000 won loan: The remainder of KRW 1,800,000: The first balance; and

6.29.20,000 (Namedo) Special Terms and Conditions - Subject to the seller’s cancellation of any and all of the registrations auctions and seizures, without defects, and subject to no further defects after the contract.

- one of the devices and facilities currently used shall also be succeeded in full.

-a bank loan of 1.8 billion won is extended by the seller on condition that the buyer is not on credit.

- The transfer of registration, singing, change of the name of inn – the remainder date in the presence of a certified judicial scrivener at the remainder.

- Transfer of registration without defects in the presence of certified judicial scriveners and brokerage assistants at any balance.

- all seizures are released simultaneously at the time of 360 million payments.

Since then, the Plaintiffs and the Defendants changed the buyer from I to Defendant D, and completed the instant real estate sales contract again on June 22, 2018 by stating the date retroactively to June 22, 2018.

The main contents are as follows: 2,200,000 won: 40,000 won : 1,800,000,000 won ; 50,000 won ; 250,000,000 won (6.23.) ; 250,000,000 won (6. 29. . . 29. ) ; the remaining amount shall be settled after a bank loan.

The remainder of 60,00 won special agreement - The seller receives collateral security documents from the buyer as much as the loan of 1.8 billion won falls short of the loan.