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(영문) 서울중앙지방법원 2018.11.01 2018가합513745
기타(금전)
Text

1. The plaintiff's claims against the defendants are all dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. On May 2, 2006, the Defendants referred to as the “each of the instant land” in the term “each of the instant land,” and the said I land and J land as “the instant land” in the context of the land of the Jongno-gu Seoul, Jongno-gu and 338.8 square meters adjacent thereto, and the 13.5 square meters J. 13 square meters adjacent thereto.

(2) On April 27, 2006, each of the above land was co-owned after completing the registration of transfer of equity ownership (share: Defendant B37/100, Defendant E, Defendant C, Defendant D, Defendant D, and F 9/100) on the ground of donation on April 27, 2006 (Evidence B-2 to 4) (hereinafter “instant building”). The above building and each of the instant land were owned by the Defendants identical to the shares of each of the instant land). The key land of this case falls under the front part of the instant building, and the parking line was used as a parking lot on the ground of parking line.

(A) Evidence Nos. 4-1, 2, 10, 1-1, 1-2.

(1) On November 8, 2017, the Plaintiff purchased the instant real estate from the Defendants as the purchase price of KRW 5.85 billion (excluding the value added tax on the building), and the down payment of KRW 600 million on the day of the contract, the intermediate payment of KRW 1.4 billion on January 24, 2018, and the remainder of KRW 3.85 billion on March 8, 2018 (hereinafter referred to as the “instant sales contract”).

(2) The Plaintiff and the Defendants concluded a contract deposit (No. 1) and paid the down payment amount of KRW 600 million on the same day. Meanwhile, at the time of the conclusion of the instant contract, there were commercial tenants as follows. However, the Plaintiff and the Defendants are liable for the Defendants under Articles 6 and 9(2) and (3) of the instant contract, and have to receive the leased object from the first floor lessee by the date of the intermediate payment. If it is known, the Plaintiff paid the intermediate payment when the first floor lessee was off the building, and the remainder payment is excluded from the first floor on the remainder payment date.

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