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1. Of the judgment of the court of first instance, regarding the part of the Plaintiff’s claim for monetary payment, KRW 9,800,000 against the Plaintiff.
Reasons
1. In the first instance court, the Plaintiff and B filed a claim for ownership transfer registration of the instant land against the Defendant as the principal lawsuit, and the Plaintiff filed a claim for monetary payment against the Defendant, and the Defendant filed a claim for the remainder of the purchase price of the instant land against B as a counterclaim. The first instance court accepted the Plaintiff and B’s claim for ownership transfer registration and the claim for extradition, partly accepted the Plaintiff’s claim for monetary payment, and dismissed the Defendant’s counterclaim.
As to this, the plaintiff and the defendant appealed against the plaintiff's claim for monetary payment among the judgment of the court of first instance, the subject of judgment of this court is limited to the plaintiff's claim for monetary payment.
2. Basic facts
A. On March 28, 2012, the Plaintiff and B agreed to purchase the instant land owned by the Defendant for KRW 1,510,000,000 between the Defendant and the Defendant (hereinafter “instant sales contract”).
(2) The Plaintiff and B paid KRW 1,310,00,000 out of the purchase price under the instant sales contract to the Defendant from March 19, 2012 to October 12, 2012.
B. The Plaintiff and B filed a lawsuit against the Defendant for the warranty against the instant sales contract under the Seoul Central District Court Decision 2013Gahap68998, or for the refund of the purchase price on the grounds of the cancellation or termination of the instant sales contract. The Defendant filed a counterclaim against the Plaintiff for the claim against the Plaintiff for the remainder of KRW 200,000 and KRW 200,000 according to the instant sales contract under the said court’s 2014Gahap19856. 2) The said court dismissed all of the Plaintiff and B’s claim against the Plaintiff on September 25, 2014, and partially accepted the Defendant’s claim against the Defendant for the counterclaim. The Plaintiff and B jointly and severally accepted the remainder of the purchase price from April 19, 2014 to September 25, 2014.