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(영문) 광주고등법원 2018.12.12 2018나23284
매매대금
Text

1. The plaintiff's appeal and the conjunctive claim added by this court are all dismissed.

2. After an appeal is filed.

Reasons

1. The reasons for the acceptance of the judgment of the court of first instance are as follows. The part of the judgment of the court of first instance concerning the conjunctive claim added by the plaintiff in this court is identical to the part concerning the plaintiff in the judgment of the court of first instance, except for the deletion of the part concerning the "Yi-Yi" of the 9th judgment from 16th to 10th 3rd 10th 10th 10th

2. Determination as to the claim for damages (preliminary claim)

A. The Plaintiff alleged that the market price of the instant aggregate real estate was less than KRW 300 million, while hiding such fact at the time of the conclusion of the instant sales contract, by deceiving the Plaintiff as if the transaction price of the instant aggregate real estate was up to KRW 600 million. Accordingly, the Plaintiff and the Plaintiff, who was erroneously involved in the value of the instant aggregate real estate, entered into a payment agreement in lieu of the payment of KRW 600 million out of the purchase price of each of the instant real estate, whereby the ownership of the instant aggregate real estate was transferred to accord and satisfaction, thereby obtaining the payment from the Plaintiff (i.e., KRW 65 million (= KRW 60 million - KRW 335 million after the agreement).

Therefore, the defendant is obligated to pay to the plaintiff 265 million won and damages for delay, as damages for fraudulent acts.

B. We examine the following circumstances: (a) the sales price of each of the instant real estate was KRW 1.7 billion, namely, KRW 1,465,105,00, which was paid directly by the Defendant to the Plaintiff (i.e., KRW 215,105,00,00, the Defendant paid KRW 250,000,00 to the Defendant’s claim for the return of the lease deposit that was abandoned by the Defendant), and (b) the remainder of KRW 234,895,00 (= KRW 1,700,000, KRW 1,700,000 - KRW 1,465,105,000) as to the instant real estate, instead of paying the remainder of the purchase price to the Plaintiff.

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