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(영문) 대전지방법원 2015.06.12 2014나106685
매매대금
Text

1. The plaintiff's appeal is all dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

Reasons

Basic Facts

The background leading up to the conclusion of the sales contract between the Plaintiff and the deceased G was dead on May 28, 2014, and Defendant B is the spouse of the network G, and Defendant C, D, E, and F are children of the network G.

On January 19, 2011, the Plaintiff entered into a sales contract (hereinafter “instant contract”) with the net G (the Defendant E, the son of the network G, stipulated in the contract as the joint purchaser, but in substance, the instant contract was entered into between the network G) and each real estate listed in the separate sheet (hereinafter “instant real estate”) as the purchase price of KRW 370,00,000, and the name map of the instant real estate was fulfilled until February 15, 201 (hereinafter “instant contract”).

At the time of the conclusion of the instant contract, the lessee H operated Smarket on the first floor of the instant building among the instant real estate (hereinafter “instant Schlage”), and the Plaintiff specified the following special terms and conditions in the instant contract with the net G.

Special Agreement:

1. Contract in which the buyer takes over the lease contract of KRW 30,000 (H) for the rental deposit of the above ground Schlage;

2. The seller shall be responsible for and complete at the end of December 30, 201 to Schlages on the above ground operated by HC by HC.

3. The seller shall set aside the balance of 20,000,000 won in preparation for the non-working period, and the seller shall, if the seller fails to settle the work of non-handling by June 30, 2012, waive the amount of damages to the buyer in full.

The deceased G reserves the payment of KRW 20,000,000 (hereinafter “instant reservation”) out of the remainder according to the instant special agreement, and completed the registration of ownership transfer as to shares of Defendant E and the instant real estate on or around February 10, 201.

From September 6, 200, H leased and operated the instant Schlage. On December 2, 2009, H again concluded a lease agreement with the Plaintiff by setting the deposit amount of KRW 30,000,000 as to the instant Schlage, and the lease period of December 1, 2014.

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