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(영문) 서울중앙지방법원 2019.11.28 2017가합538556

매매대금

Text

1. All of the plaintiff's claims are dismissed.

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

Reasons

1. Basic facts

A. The Plaintiff is a corporation with the purpose of real estate sales business.

From October 19, 2016 to December 2, 2012 of the same year, the Plaintiff sold to F Co., Ltd. (hereinafter “F”) total of 85 households, such as Iho Lake, among the H apartment, (hereinafter “each of the instant households”), which is reasonable in the Cheongpo-gu Cheongpo-ho (hereinafter “each of the instant households”), when changing the trade name from March 10, 2017 to G, hereinafter “F”).

B. On October 2016 or December 2, 2016, F sold each of the instant households to J Co., Ltd. (hereinafter “J”), and thereafter, J sold each of the instant households to the Defendants on October 2016 or on December 2, 2016.

With respect to each of the instant households, each of the instant households was completed from November 25, 2016 to December 27 of the same year from November 25, 2016, as shown in attached Table 1.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, 4, 5, 7, 8, 10, 11, Eul evidence Nos. 1, 5, and 6 (including each number of branches), the purport of the whole pleadings

2. Determination as to the cause of action

A. The Defendants asserted by the Plaintiff succeeded to the obligation of F to the Plaintiff with respect to the sale of each of the instant households.

Defendant E guaranteed part of the purchase price (516,600,400) that Defendant D owes to the Plaintiff according to the above succession.

In the premise that the unpaid purchase price is KRW 50,00,000, the amount claimed by the Plaintiff is calculated by subtracting the rental deposit for each household and/or the amount equivalent to the National Housing Fund from the special agreement with F.

In other words, Defendant B is obligated to pay 190,574,900 won for Defendant C, 65,794,800 won for Defendant D, 173,353,450 won for Defendant D, and 336,929,550 won for Defendant E, and damages for delay for delay for each of the above amounts, and 516,60,400 won for Defendant D and E jointly, and damages for delay for delay.

B. 1) Determination 1) Defendant B, C, and D affix their seals on each of the above documentary evidence, whether evidence Nos. 3, 6, and 9 (including each number) exists.