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(영문) 서울동부지방법원 2014.10.10 2014가합3564
매매대금반환
Text

1. The Defendant (Counterclaim Plaintiff) B is the Plaintiff (Counterclaim Defendant, the appointed party) and the appointed party D, respectively, KRW 96,60,000.

Reasons

A principal lawsuit and counterclaim shall also be deemed a principal lawsuit and counterclaim.

1. Basic facts

A. On October 27, 2010, the Plaintiff et al. entered into a sales contract with Defendant B, and the Plaintiff et al. purchased Seongbuk-gu Seoul E Commercial Building 201 (hereinafter “instant commercial building”) from Defendant B for KRW 340 million. The down payment of KRW 20 million is KRW 130 million on the date of the contract, the intermediate payment of KRW 130 million on November 12, 2010, and the remainder of KRW 190 million on February 10, 201 (hereinafter “instant sales contract”). The area column of the object of sale under the instant sales contract is indicated as “19.9818 square meters” in the area column of the object of sale under the instant sales contract, and the exclusive use area column of the object of sale prepared at the time of the instant sales contract is indicated as “19.18 square meters.”

B. According to the instant sales contract, the Plaintiff et al. paid the Defendant B the down payment of KRW 20 million on the day of the contract, and the intermediate payment of KRW 130 million on November 12, 2010, respectively.

C. Defendant B purchased the instant commercial building from the F District Housing Redevelopment Project Association (hereinafter “F District Housing Redevelopment Project Association”) which is the implementer of the instant commercial building and the sales business. After the instant sales contract, Defendant B acquired the ownership of the instant commercial building on March 6, 2012 on the wind that the lawsuit disputing the validity of the said sales contract between the non-party union and the Defendant B (hereinafter “instant separate lawsuit”).

On March 23, 2012, Defendant B took out a loan of KRW 120 million from Han Bank Co., Ltd., and set up a collateral on the instant commercial building as collateral with respect to KRW 150 million with respect to the maximum debt amount, KRW 150 million with respect to the right to collateral security, Han Bank Co., Ltd., one Bank, and Defendant B with respect to the instant commercial building. On February 15, 2013, Defendant B set up a collateral with respect to the instant commercial building as collateral with respect to KRW 50 million with respect to the maximum debt amount, KRW 60 million with respect to the right to collateral security, G, and Defendant B with respect to the right to collateral security.

The above two collective security rights shall be included in total.

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