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(영문) 서울중앙지방법원 2019.08.29 2018가합580783
잔금 등 지급청구
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. The following facts may be found either in dispute between the parties or in accordance with the purport of Gap evidence Nos. 2 and Eul evidence Nos. 1 and 2 (including each number), and the whole pleadings:

On February 11, 2016, the Defendant paid 183,357,80 won for the sale price, 183,723,500 won for the instant hotel G, and 10% for the down payment (10% for the sale price) at the time of the contract, 1,2, and 3 intermediate payments (10% for each of 10%) at the time of the mid-term loan or designation, 4 intermediate payments (10% for each of 10%) at the 1,2, and 37th day of May 10, 2016, 5 intermediate payments (10% for the purchase price) at the 18th day of August 10, 2016 (10% of the sale price), 6th day of intermediate payments (10%) at the 17th day of each of the above 10th day of the outstanding payment (10%) at the 37th day of each of the above 10th day of the outstanding payment (10%).

B. The Defendant: (a) explained to the Plaintiff that H and I, a person in charge of the Plaintiff, entered into each of the instant sales contracts with the Plaintiff by explaining that real estate mortgage loans may be available in the hotel F and subparagraph (g) of this case; (b) but as a result, it is impossible to verify at the J bank’s point; (c) so, each of the instant sales contracts notified the Plaintiff to the effect that each of the instant sales contracts was invalid due to the deception by the person in charge of sales, etc., and that the said notification reached the Plaintiff on March 3, 20

C. On May 12, 2016, the Defendant issued this Court’s order against the Plaintiff as this Court Order 2016Kadan5107601.

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