(영문) 부산지방법원 2017.11.29 2016가합49002

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(영문) 부산지방법원 2017.11.29 2016가합49002

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1. The defendant shall receive KRW 116,216,00 from the plaintiff, and at the same time real estate stated in the separate sheet to the plaintiff.

Reasons

1. Basic facts

A. On February 5, 2013, the Plaintiff agreed with the Defendant to sell the building of 11,250,000, Nam-gu, Busan (the 189-78, 189-114 building with the 13th floor building attached thereto; hereinafter referred to as the “instant building”) on a purchase price of 1,250,000,000,000,000,000,000,000 for the first intermediate payment, KRW 150,000,000,000,000 for the second intermediate payment, KRW 250,000,000,000,000 for the remainder payment, and agreed as follows:

(hereinafter referred to as the “instant agreement”). (1) The remainder is subject to the payment in lieu of the apartment that the Defendant performed and performed.

② A substitute apartment shall be comprised of 8th and 9th and 35th and fourth units of the building in this case; the sale price shall be 5.5 million won per square meter; the completion thereof shall be obtained; and the price of the substitute apartment shall be adjusted to increase and decrease on the individual date and the price of the substitute apartment shall be deposited by the Plaintiff.

B. By June 2016, the Defendant repaid or deposited the down payment and intermediate payment pursuant to the instant sales contract to the Plaintiff.

[Reasons for Recognition] Facts without dispute, Gap evidence 1, Gap evidence 2-1, 2, Gap evidence 3, 4, and 9, the purport of the whole pleadings

2. The assertion and judgment

A. The fact that the Defendant entered into the instant sales contract with the Plaintiff on February 5, 2013 and agreed to pay in kind 8, 9, and 35,00 square meters-type 4 households of the instant building in relation to the payment of the balance of the purchase price is as shown in the above basic facts. In full view of the purport of the entire pleadings in the written evidence Nos. 13, 17-1 through 4, and 18, the 35,00-type 4 households of the instant building among the 8,9 floors of the instant building (hereinafter “each apartment of the instant case”) can be acknowledged, barring any special circumstance. Thus, the Defendant shall each of the instant apartment buildings against the Plaintiff, except in the instant case.

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