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(영문) 대전지방법원천안지원 2016.11.23 2015가단104639
손해배상(기)
Text

1. All of the claims filed by the plaintiff (Counterclaim defendant) against the plaintiff are dismissed.

2. The plaintiff (Counterclaim defendant) shall be the opposing defendant.

Reasons

1. Facts of recognition;

A. On March 29, 2012, the Plaintiff sold to the Defendant the sales price of KRW 65,800,000 ( KRW 350,000 per square meter), among KRW 2,116,00 (hereinafter “D land”) and KRW 228,00 in total, of KRW 394,00 ( KRW 119,00) and KRW 982,00 prior to the division (hereinafter “former E land”).

(2) At the time of the first sale, the Defendant agreed to pay the remainder of KRW 32,900,000 after one month from the contract date to two months from the contract date.

Around that time, the Defendant paid the Plaintiff KRW 32,900,000 in total with down payment and intermediate payment.

B. On January 31, 2013, the Plaintiff divided E’s land before subdivision into KRW 191 square meters (hereinafter “E land after subdivision”), KRW 195 square meters (hereinafter “C land”), and KRW 596 square meters before F (hereinafter “F land”).

C. On September 13, 2013, the Plaintiff and the Defendant entered into a contract to change the subject matter of the first sale contract from “394 square meters of D land (around 119 square meters of D land) and “622 square meters of land (around 69 square meters of land) totaling 228 square meters of E before subdivision (around 188 square meters of land).”

In other words, on September 13, 2013, the Plaintiff sold C land to the Defendant.

(2) At the time of the second sale, the Defendant changed the purchase price from KRW 65,800,000 to KRW 20,650,000, depending on the decrease in the size of the object to be sold.

As a result of the change of the purchase price, the Plaintiff agreed to return KRW 12,250,00 ( KRW 32,900,000-20,650,000) calculated by deducting KRW 20,650,000 of the purchase price of the secondary sales contract from the total sum of KRW 32,90,000 of the down payment, which was already received as a result of the change of the purchase price.

On the other hand, the second sales contract is "the second sales contract which the original defendant entered into" below the contract.

The second sales contract was prepared and entered into, and two copies of the plaintiff's storage and the defendant's storage have been prepared.

Second, the plaintiff is in custody.

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