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(영문) 수원지방법원 2016.02.17 2014나1437
건물명도등
Text

1.The judgment of the first instance shall be modified as follows:

The Defendant-Counterclaim Plaintiff (Counterclaim Defendant) KRW 15,548,847, and the Plaintiff (Counterclaim Defendant).

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. On December 3, 2011, E and the Defendant concluded a sales contract with respect to the instant apartment owned by E (hereinafter “instant sales contract”).

1) The method of paying the purchase price of KRW 45,00,000 (2) the down payment is KRW 30,000,000, the intermediate payment is KRW 25,000,000, and the intermediate payment is paid on January 3, 2012; the remainder KRW 53,00,000 shall be paid on March 15, 2012; and the Defendant succeeds to the Defendant’s obligation of loans to the Gangwon Agricultural Cooperative (hereinafter “the instant loan obligation”).

(b).

The defendant paid 4,000,000 won as part of the down payment to E on the same day.

C. At the time of the conclusion of the instant sales contract, the right to collateral security (hereinafter “instant right to collateral security”) was established in the name of the agricultural cooperative, with strong maximum amount of claims 416,400,000 regarding the instant apartment.

The Defendant received a loan from a financial institution and sought to pay the intermediate payment and the balance under the instant sales contract.

Accordingly, E and the Defendant separately prepared a sales contract (hereinafter “instant sales contract”) stating the sales amount of KRW 550,00,000,000, which is more than the actual amount, and the down payment of KRW 30,000,000, the intermediate payment of KRW 25,000,000, and the remainder of KRW 148,00,000 (the loan amount of KRW 347,00,000) with respect to the instant sales contract on December 3, 201, and entered the following special terms therein:

1) Of the down payment, KRW 4,000,000 shall be paid a gold day, and the remainder KRW 51,000,000 shall be occupied by the Defendant while paying on January 3, 2012. 2) Of the down payment, KRW 26,00,000 and the intermediate payment, which is part of the down payment, shall be paid simultaneously on January 3, 2012.

3) The Defendant’s payment of KRW 1,00,000 per month with the instant apartment loan interest subsidy up to the remainder after occupancy. 4) All taxes and public charges are to be settled on the basis of the occupancy date.

(The cost of managing athletes shall be the balance date). 5 E shall make a loan as of the balance date.

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