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(영문) 서울중앙지방법원 2017.05.12 2016가합517637
매매대금
Text

1. The Defendant sells and purchases 1/2 shares of each of the real estate listed in the separate sheet from the Plaintiffs on January 5, 2016, respectively.

Reasons

1. Basic facts

A. The instant building is a leased building consisting of 12 multi-household houses or offices, and the Plaintiffs own 1/2 shares, respectively.

B. On January 5, 2016, the Plaintiffs sold the above building to the Defendant at KRW 680 million and received KRW 50 million as down payment. The details of the specific contract stated in the sales contract are as follows.

Of the purchase price, KRW 50 million shall be paid at the same time as the contract is concluded, the balance of KRW 630 million shall be paid at the same time on February 5, 2016.

(1) Article 1). A seller shall deliver all documents necessary for the registration of transfer of ownership to a purchaser at the same time with the receipt of any balance of the purchase price and shall cooperate in the registration procedure, and the delivery date of the said building shall be February 5, 201

(Article 2. Lease Deposit (16 billion won) and loans (228 billion won in maximum amount of claims) shall be succeeded to and settled at the time of the payment of any balance.

(Article 3). (C)

As of February 5, 2016, the remainder date of the building in this case, there were two households (101 and 201) and the sum of the lease deposits for the remainder of 10 households that the lessee had occupied was KRW 11,100,000,000,000. The sum of the lease deposits for the remainder of 10 households that the lessee had occupied was 3.28,000,000 and the sum of the rent for the contract was 98,000,000,000,000,000,000,000,000,000,000,000,000,

In addition, the loan amount borrowed as security for the building of this case as of the balance date is KRW 186 million.

[Ground of recognition] The fact that there is no dispute, Gap's 1 through 3, 5 (including paper numbers; hereinafter the same shall apply), the purport of whole pleading

2. According to the above facts of determination as to the cause of claim, the Defendant is obligated to pay to the Plaintiffs the amount calculated by settling accounts of lease deposit, loans, and rent for a term (the Plaintiff is a person who is entitled to mutual aid) from the balance of the purchase price on the fixed payment date pursuant to the contract of this case, unless there are special circumstances.

Therefore, the defendant.

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