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(영문) 서울북부지방법원 2018.04.24 2017나37568
매매대금반환
Text

1. The plaintiff's appeal and the additional selective claims filed by this court are all dismissed.

2. After an appeal is filed.

Reasons

1. The following facts may be found either in dispute between the parties or in full view of the purport of the entire pleadings in each entry in Gap evidence Nos. 1, 2, and Eul evidence Nos. 1 to 4 and 9:

From November 2014, the Defendant, along with the Defendant’s mother E, operated a business on the condition that the instant old point is not transferred to another person at the front store of the D Elementary School located in Gangnam-gu Seoul Metropolitan Government (hereinafter “instant old point”).

B. The competent Gu office shall above a.

Based on the premise that the conditions of this subsection are observed, the old point of this case was not removed.

C. On March 27, 2016, the Plaintiff entered into a contract with the Defendant to purchase the street of this case from the Defendant, and agreed to pay the Defendant KRW 30 million on the date of the contract, KRW 7 million on April 7, 2016, and KRW 23 million on May 31, 2016, respectively.

(hereinafter “instant sales contract”). D.

On April 5, 2016, the Plaintiff paid 3 million won down payment to the Defendant.

E. On April 7, 2016, the Plaintiff remitted the intermediate payment of KRW 7 million to the Defendant, and on the same day, the Defendant sent to the Plaintiff a letter stating, “F shall have a fluent, f shall have a fluent, f shall have a fluent, f shall have a fluent, and F shall have a fluent, a f shall have a fluent, and the f shall have a fluent, a fluent, a fluent, a fluent, a fluent, a fluent, a fluent, a fluent, a fluent, a fluent, a fluent fen

F. Accordingly, the Plaintiff agreed with the Defendant to reduce the sales price of the instant store from KRW 33 million to KRW 30 million.

G. On April 13, 2016, the Plaintiff drafted each of the following descriptions (hereinafter “each of the instant notes”) with the Defendant, and paid the Defendant the remainder amounting to KRW 20 million on the same day.

It is an angle that A and B shall comply with the street trade.

A refers to the Plaintiff, Defendant B, and the Plaintiff.

On April 13, 2016, A's starting point shall be transferred to B.

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