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(영문) 창원지방법원진주지원 2017.05.25 2016가합10981

매매대금반환

Text

1. The defendant shall be the plaintiff.

(a) As regards KRW 570,00,000 and its KRW 230,000 among them, from February 26, 2014; and KRW 340,000.

Reasons

1. Basic facts

A. The Defendant is the owner of 303.9 square meters in Jinju-si and 302.9 square meters in D, and E is the owner of 271.2 square meters in F.

On the ground of the above three lots, there are two neighborhood living facilities in the second floor of the general steel structure in the building owned by the defendant and E (the share ratio: 1/2), the 1st floor 511.68 square meters (the first class neighborhood living facilities), the 2nd floor 483.78 square meters (the first class neighborhood living facilities). As seen below, the form of a single building is not a sectioned building.

(hereinafter referred to as the above building) FCD Building

B. On February 1, 2011, the Plaintiff leased part of the instant building (F) from E, KRW 30 million, KRW 30 million per month, KRW 3 million per month, and the period from February 22, 2011 to February 21, 2016. On February 15, 2011, the Plaintiff leased part of the instant building (C and D respective ground parts) from the Defendant KRW 100,000,000 per month, KRW 5 million per month from August 8, 2013, and the period from February 16, 2011 to February 15, 2011, the Plaintiff operated the instant building to “G” in the name of “G”. < Amended by Act No. 11873, Feb. 15, 2011>

C. On August 8, 2013, the Plaintiff entered into a contract with the Defendant to purchase C. C. 303.9 square meters in Jinju-si, and paid a down payment of KRW 100 million to the Defendant. On February 25, 2014, the Plaintiff entered into a contract with the Defendant to purchase not only the said land but also the Defendant’s share in D. 302.9 square meters in Jinju-si and the instant building for purchase of KRW 2.1 billion in total of the purchase price (hereinafter the instant contract) and paid each of the Defendant the down payment of KRW 230 million in the intermediate payment on February 25, 2014 and the intermediate payment of KRW 340 million in March 10, 2014. The main contents of the said contract are as follows.

Article 2 The sales price for the above real estate shall be agreed to be as follows: KRW 2.1 billion: KRW 230 million shall be paid on the date of the contract, and among which KRW 100 million is paid by the buyer, the payment of KRW 100 million shall substitute for the payment of KRW 100 million.

Part payments: 340 million won on March 01, 2014.