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(영문) 서울고등법원 2016.04.22 2015나20331
매매대금
Text

1. Of the judgment of the court of first instance, the part against the plaintiff corresponding to the additional payment order shall be collected.

Reasons

1. The reasoning of the judgment of the court of first instance as to this case is that the reasoning of this case is stated in the judgment of the court of first instance, except for the following cases, in accordance with the newly or repeatedly asserted that the Defendants have entered in the court of first instance, and thus, it is acceptable in accordance with the main sentence of Article 420 of the Civil Procedure Act.

[Supplementary part] The third to fourth "2. Judgment on the Grounds for Claim" of the first instance judgment.

The main part of this paragraph shall be filled by the following:

“A. The Defendants, as co-owners under the instant contract, jointly paid the Plaintiff KRW 90 million on May 9, 2007, KRW 200 million on May 23, 2007, KRW 110 million on May 31, 2007, KRW 1100 million on August 21, 2007, KRW 150 million on November 30, 2007, KRW 1750,000, KRW 1750,000 on the sales price under the instant contract, is not a dispute between the parties, and barring any special circumstance, the Defendants, as co-owners under the instant contract, jointly paid the Plaintiff KRW 90,00,000 (= KRW 1,840,000, KRW 1,750,000 on - KRW 1,750,000 on 76,207, KRW 2097, KRW 2607,26767,2007.

The plaintiff, at the time of the contract of this case, shall bear the plaintiff at the time of the contract of this case, and the property tax in 2007 on the commercial building of this case to be deducted from the unpaid purchase price of the defendants was the aggregate of 47,927,030 won, and the defendants also invoked in the reply. The above complaint and reply were made on the first and second date for pleading of the first instance court, and thus the confession was established in court. However, in full view of the purport of the whole arguments as to Gap's each statement as to Gap's evidence Nos. 11 and 15 and the result of the reply to the order to submit tax information on the Silwon market, the plaintiff was made on July 31, 2007, the total property tax on the commercial building of this case from the Suwon-si Agricultural Cooperative on July 31, 2007

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