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(영문) 수원지방법원 2020.12.16 2020가합301
부동산매매잔금
Text

1. As to the Plaintiff KRW 41,758,200 and KRW 37,962,00 among them, the Defendant shall start from July 1, 2018 to February 28, 2020.

Reasons

1. On March 26, 2018, the Plaintiff sold D Building E (hereinafter “instant real estate”) on the land outside Bupyeong-gu Incheon, Bupyeong-gu, Incheon, and five parcels of land (hereinafter “instant real estate”) to the Defendant; KRW 42,180,00; the down payment of KRW 4,218,000 on the date of the contract; and KRW 37,962,000 on the date of the contract; and the remainder of KRW 37,962,00 on the date of the execution of the PF loan from the financial institution to the Defendant’s account, a representative corporation for the promotion of the remodeling of D Building, the Plaintiff agreed

(hereinafter “instant sales contract”). On the other hand, on March 21, 2018, prior to the instant sales contract, the Plaintiff, Defendant, and the Chairman of the Management Body of D Building, written a written confirmation of payment for the following terms and conditions:

In selling and buying the instant real estate, the Plaintiff first completed the registration of ownership transfer on the instant real estate to the Defendant, and the Defendant shall pay the sale price after completion of remodeling construction of D Building (within June 30, 2018) and the balance with a secured loan. The Plaintiff shall be paid KRW 3,796,200 to the Plaintiff as a honorarium for such cooperation.

As to the above case, the defendant and the chairperson of the D Building Management Body shall be liable for civil and criminal liability.

On March 26, 2018, the Plaintiff received KRW 4,218,00 from the Defendant to pay the down payment of KRW 4,218,00, and on April 9, 2018, the Plaintiff completed the registration of ownership transfer concerning the instant real estate to the Defendant.

[Ground of recognition] According to the following facts: (a) evidence Nos. 1, 2, and 5-1, 6-1, 5-1, and 6; (b) determination of the purport of the entire pleadings; and (c) determination of the aforementioned facts, the Defendant shall file a lawsuit with the Plaintiff regarding the remainder of the instant sales contract and the additional payment honorariums totaling KRW 41,758,200 (= KRW 37,962,796,200) and the remainder of the instant sales contract out of the said money, KRW 37,962,00,00 following the due date of payment (as of June 30, 2018), from July 1, 2018 to February 28, 2020, the delivery date of a copy of the complaint of this case, to the date of complete payment (as of June 30, 2018).

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