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1. Revocation of a judgment of the first instance;
2. The Defendant shall pay to the Plaintiff KRW 39,50,000 and the amount thereof from February 29, 2013.
Reasons
1. Facts of recognition;
A. On April 5, 2012, the Plaintiff entered into a sales contract with the Defendant on the sales price of KRW 72 million with respect to the total of 3rd floor units 2, 3, 4, and 4th floor units 3 (the part of the building without a site right; hereinafter “each of the instant units of loans”) among Incheon-gun, Incheon-gun, D-do, and 4 apartment houses on the fourth floor (hereinafter “instant EF”) owned by the Defendant, and agreed as follows.
[Article 4] The seller shall pay due taxes and public charges to the seller related to the real estate as of the outstanding payment date.
[Article 9] If a security deposit received by a seller arises, the seller shall be liable and resolved.
B. The registration of ownership preservation was completed in the name of H on May 19, 2004 after the construction of the instant EB loan around 2002, and the registration of ownership transfer was completed on August 17, 2009 with respect to each of the instant sub-loans on the ground of sale on August 17, 2009, and the registration of ownership transfer was completed on August 17, 2009 with respect to each of the instant sub-loans on the ground of sale on August 17, 2009, and the registration of ownership transfer under the name of the Defendant was completed on October 11, 201 with respect to each of the instant sub-loans on the ground of sale on September 2, 2011. The Plaintiff completed the registration of ownership transfer for each of the instant sub-loans on the ground of the instant sales contract.
C. On May 2, 2012, F completed the registration of a housing lease on August 19, 2002 with respect to subparagraph 2 of the third floor among the loans in this case, which was KRW 35 million, the lease contract date, August 19, 2002, the resident registration date, August 19, 2002, the possessor’s commencement date, October 11, 2002, the fixed date of February 14, 2003. G completed the registration of a housing lease on each of the loans in this case, KRW 20 million with respect to subparagraph 3 of the fourth floor, and G completed the registration of a housing lease on February 14, 2004, the lease date, the resident registration date, February 17, 2004, the resident registration date, February 14, 2004, and the fixed date of February 25, 2004.
G shall bring a lawsuit against the plaintiff for the payment of deposit amounting to KRW 20 million.