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(영문) 서울중앙지방법원 2018.09.13 2018가합164
양수금
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 March 17, 2017, the Defendant entered into a sales contract (around March 17, 2017, with the purchase price of C, D, E, F, G each land (a total of 2,236.8 square meters) and buildings on the ground thereof, with the purchase price of KRW 4.3 billion (3.5 billion for each of the above land and buildings on the ground under a real estate sales contract, but a special agreement provides that KRW 800 million shall be paid for the removal of previous ground objects, business operator’s name, authorization, permission, etc.) to purchase the purchase price of KRW 4.3 billion (a Evidence No. 6, No. 5-3, No. 5; hereinafter “instant sales contract”).

(3 billion won out of the above purchase price is to succeed to the obligation of loans of KRW 3 billion to the Gwangju Bank and to pay it in lieu of the payment).

Around July 27, 2017, the Defendant, with respect to the payment of the purchase price of the instant sales contract with B and H (the representative I, and I, are the Defendant’s husband), agreed to offset the following agreements (Evidence A7 and Evidence B No. 5-4) against the Defendant’s claims equivalent to KRW 720 million, which B and K Co., Ltd (the representative B), with respect to the new construction of a neighboring family located in theJ of Kim Jong-si, as provided in paragraph (1) of the agreement, against the Defendant’s claims equivalent to KRW 720,000,000 against H, and the intermediate payment claim amounting to KRW 720,000,000 under the instant sales contract with respect to the Defendant’s intermediate payment claim (= KRW 1.3 billion - KRW 580,000,000,000).

(hereinafter referred to as “instant countervailing agreement.” It is agreed to confirm that the remaining amount of KRW 1.3 billion, excluding the amount of KRW 3 billion loans of the Gwangju Bank (Buyer’s responsibility for redemption) out of the purchase price of KRW 4.3 billion concluded on March 17, 2017 with respect to the 4.3 billion parcel outside C and four parcels at the time of strike of the agreement, should be paid as follows:

- For internal use -

1. 720,00,000,000 won prior to the PF of a new building that is located in the J of Kimpo-si, shall be offset against C and four parcels intermediate payments at the time of strike.

2. The balance of 580 million won for the land outside C and 4 at the time of strike shall be paid in two installments.

2. On August 4, 2017, KRW 280,000 (280,000): 300,000 on August 7, 2017.

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