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(영문) 수원지방법원 안양지원 2018.06.22 2016가단6499
매매잔대금
Text

1. The Defendant (Counterclaim Plaintiff) paid KRW 50,000,000 to the Plaintiff (Counterclaim Defendant) and the Plaintiff’s objection thereto from May 14, 2016 to June 22, 2018.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Facts of recognition;

A. On June 30, 2015, the Plaintiff and the Defendant agreed to transfer the instant exchange contract to C, separately from the real estate listed in the separate sheet No. 1 list, in which the Plaintiff entered into the instant exchange contract on behalf of the Defendant, the Plaintiff and the Defendant agreed to transfer the instant real estate to C, E, and F land owned by the Plaintiff.

The Defendant agreed to exchange each real estate listed in the separate sheet No. 2 list owned by the Defendant

(hereinafter “instant exchange contract”). (b)

Accordingly, on June 30, 2015, the Plaintiff and the Defendant entered into a sales contract as follows (hereinafter “instant sales contract”) with the content that each of the real estate listed in the separate sheet No. 1 owned by the Plaintiff will be sold to the Defendant, and a real estate sales contract was entered into.

1. Indication of real estate: Each real estate listed in Appendix 1 list;

2. Sales price: 900,000,000 won intermediate payment: 340,000,000 won intermediate payment: The remainder payment made on July 20, 2015: the special agreement to pay on July 30, 2015 (1) the amount of the debt of the real estate as collateral security (340,000,000,000 won shall be taken over by the buyer and the intermediate payment.

(2) On June 30, 2015, a seller shall enter into a contract in a current state in accordance with the general sales and sales practices, in all the ships and plants planted in the above real estate.

1. Indication of real estate: Each real estate listed in annexed Form 2 list;

2. Sales price: The intermediate payment of KRW 100,000: KRW 800,000,000 in the intermediate payment of KRW 100,000: Details regarding a special contract on July 20, 2015: the amount of KRW 450,000,000 in the amount of collateral security debt of the said real estate; KRW 50,000,000 in the amount of obligation of KRW 750,00,000 in the amount of obligation of the said real estate; and KRW 50,000,00 in the amount of obligation of returning the lease deposit, shall be the intermediate payment, respectively, by the buyer;

(2) A general sales contract shall comply with the practices of a sales contract and (3) comprehensive transfer of the same type of taxation (general business operators) shall be taken over.

On June 30, 2015: The seller of June 30, 2015: the real estate listed in the attached list 2 owned by the Plaintiff on the same day.

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