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(영문) 대전지방법원 홍성지원 2018.06.20 2018가단2455
기타(금전)
Text

1. The plaintiff (Counterclaim defendant)'s main claim is dismissed.

2. The Plaintiff (Counter-Defendant) is shocking from the Defendant (Counterclaim Plaintiff).

Reasons

1. Basic facts

A. On August 18, 2017, the Plaintiff entered into a real estate sales contract between the Plaintiff and the Defendant with the Defendant, and KRW 150 million, and KRW 2438,000,000,000,000,000,000,000 won (hereinafter “instant D”).

(E) and E 564 square meters (hereinafter “instant E”).

(1) Of the contracts to purchase 500 square meters in installments (hereinafter “instant sales contract”).

(2) The Plaintiff and the Defendant prepared a sales contract concerning the instant sales contract (hereinafter “instant sales contract”) and specified the following matters. On August 18, 2017, the Plaintiff paid the down payment KRW 15 million to the Defendant.

The instant land and E transfer ownership by changing the land category into “former” after dividing into 500 square meters.

Of the sales proceeds, KRW 15 million is written on the date of the contract, the remainder of KRW 135 million on the date of the contract, and on the date of division and land category change, and on November 15, 2017, the phrase “after division, land category change,” written in the second sentence, the phrase “after division, and land category change,” written in the second sentence.

Payment shall be made.

In the event that the defendant gives up the contract deposit, he/she shall reimburse the amount of the contract deposit, and in the case that the plaintiff gives up the contract deposit.

B. The Plaintiff and the Defendant changed the subject matter of a contract by November 15, 2017, did not complete the process of dividing 500 square meters of the instant land D and E by November 15, 2017.

On November 2017, the Plaintiff and the Defendant asserted that there was an agreement on the change of the subject matter of a contract to a police officer on November 201, 2017 between the first patrol officer and the first patrol officer on December 12, 2017, while the Defendant asserted that there was such agreement on the first patrol officer on December 2017.

In the context of the subject matter of a contract without changing the purchase price, an agreement was made to change the leased object to “2,000 square meters out of the instant D and E land” (around 605 square meters; hereinafter “the subject matter of the final sale”).

C. The Plaintiff expressed his/her intent to cancel the contract on January 1, 2017

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