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(영문) 의정부지방법원 2020.06.11 2019나205511
대여금
Text

1. The plaintiff's appeal is dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. Facts of recognition;

A. As to each real estate listed in the separate sheet (hereinafter “instant real estate”), D, the owner of each real estate listed in Section 5, 6, 7, and 8 of the attached list, who was an owner of each real estate listed in Section 5, 6, 7, and 8 of the attached list, entered into the instant real estate sales contract (hereinafter “instant sales contract”) with E and F (hereinafter “Buyer”) on May 20, 2016, with a total sales amount of KRW 1.7 billion (hereinafter “instant sales contract”).

The buyer purchased the instant real estate and newly built a tenement house (hereinafter “the instant tenement house”) on the ground. The main contents of the instant sales contract are as follows.

The purchase price of the entire land shall be KRW 1.7 billion, and the down payment shall be paid at the time of the sales contract, and the first intermediate payment shall be substituted by the buyer's succession to the bank loan of KRW 600 million of the seller, and the second intermediate payment of KRW 3.50 million of the third intermediate payment shall be paid within two months after the commencement of the building, and the third intermediate payment of KRW 3.50 million of the sales balance shall be paid within four months after the commencement of the building, and within one month after the completion of the building.

(Article 2 of the Real Estate Sales Contract). The seller receives the down payment under the instant sales contract, and at the same time delivers the buyer all documents necessary for the trust and various authorizations and permissions related to the construction of the building.

(Article 3 of the Real Estate Sales Contract). Where a purchaser receives a PE loan from a financial institution while running a business, the seller shall actively cooperate in the business related thereto, the buyer shall bear all expenses and interest related to the PE loan, and the PE loan shall be paid for the construction cost, etc. due to a mutual agreement between the parties.

(Article 6 of the Real Estate Sales Contract). For the smooth progress of the instant sales contract, the sellers are engaged in G (the spouse of the seller C), and the buyers are engaged in all duties to H (the spouse of the buyer D).

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