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(영문) 인천지방법원 2015.07.24 2015가단204655
손해배상(기)
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. On May 23, 2014, the Plaintiff purchased (hereinafter “instant sales contract”) the purchase price of KRW 700 million (in the event of a contract deposit of KRW 40 million, an intermediate payment of KRW 100 million, August 5, 2014, and the remainder of KRW 560 million on September 15, 2014) from the Defendant to the Incheon Spoman-gun, Incheon Spoi-gun, D, and multi-family housing on each of the above ground (hereinafter “instant building”).

According to a special contract at the time, the defendant agreed to provide the plaintiff with a monthly subsidy of 400,000 won as the remainder date standard, and to settle the lease profits as the remainder date standard.

B. After the instant sales contract, the Plaintiff and the Defendant reduced the sales amount to KRW 640 million.

C. The terms and conditions of the instant sales contract, the said special agreement, and the agreement on reduction of the price, were settled on September 15, 2014, and the monthly rent of KRW 300,000,000 were included in providing the Plaintiff with additional subsidies for the difference of KRW 100,000 per month between KRW 40,000 and KRW 40,000 for three months.

As of September 1, 2014, the market price as of September 1, 2014 for the instant building conducted by certified public appraiser E is KRW 748,436,00, and the sales price of the instant building is discounted.

[Ground of recognition] Facts without dispute, Gap evidence 1 to 5, Eul evidence 6-1 to 3, Eul evidence 1 to 4, the purport of the whole pleadings

2. The assertion and judgment on the grounds of the claim

A. At the time of the instant purchase and sale contract, the Defendant stated that all tenants who live in the 21st column of the building of this case who moved in the 40,000 won monthly in the 21st column of the building of this case, and there is no partitions, and the Plaintiff trusted this and entered into the instant sales contract.

However, as a result of confirmation on the payment date of the remainder after the sales contract of this case, most of the monthly rent is 300,000, and the factory room was 7 partitions.

Ultimately, the Plaintiff’s monthly rent amount and the factory room belong to the Defendant’s additional amount of KRW 100 million to KRW 200 million.

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