(영문) 수원지방법원성남지원 2020.07.16 2019가단206123

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(영문) 수원지방법원성남지원 2020.07.16 2019가단206123

매매대금반환

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1. Defendant C: (a) KRW 14,577,370 to the Plaintiff (Counterclaim Defendant) and 15% per annum from November 7, 2018 to May 31, 2019.

Reasons

1. Basic facts

A. On February 5, 2018, the Plaintiff and Defendant B entered into a sales contract (No. 1) with the intention to pay the sales price of KRW 550,000,000 for the second floor and second floor reinforced concrete building (hereinafter “instant real estate”) outside Gwangju-si, Gwangju-si, and one parcel of land owned by the Defendant, and the contract deposit of KRW 75,00,000,000 for the remainder of KRW 475,000 for the contract and the remainder of KRW 475,00,000 for the contract, and entered into a sales contract (No. 1).

B. The Plaintiff and Defendant B newly drafted a sales contract (Evidence A No. 1) on the instant real estate, and revised the content of the contract to the effect that “10,000,000 won shall be the contract amount, and KRW 70,000,000 shall be the deposit amount, and KRW 3,000,000,000,000,000,000 shall be the intermediate payment, respectively, when the lessee of the second floor of the instant real estate leaves the warehouse after the first floor, shall be paid to Defendant B as the intermediate payment. The remainder of KRW 467,00,000 shall be replaced by the amount excluding the amount of provisional attachment and mortgage debt established on the instant real estate as the bank loans.”

C. On February 6, 2008, the Plaintiff paid the down payment of KRW 10,000,000 to Defendant B.

The Plaintiff and Defendant B permitted the Plaintiff to enter the first floor of the instant real estate even before the remainder payment due to the special terms and conditions on the sales contract for the instant real estate. Accordingly, the Plaintiff began to reside on the first floor of the instant real estate used as a restaurant for the purpose of housing.

E. On April 4, 2018, around the time when the warehouse lessee F left the warehouse, the Plaintiff remitted KRW 3,000,000 to Defendant B as an intermediate payment. Since provisional seizure and mortgage established on the instant real estate was not cancelled, and some of the second floor lessees E did not withdraw from the sales contract, there was a dispute between the Plaintiff and the Defendant regarding the sales contract.

F. Defendant C, who is his father and wife of Defendant B, is the Plaintiff to resolve the above dispute.

유사 판례

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-수원지방법원 2014.10.16 2014가단8277

-서울중앙지방법원 2019.06.05 2018나36518

-광주지방법원 2020.08.20 2020가단503857