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(영문) 의정부지방법원 2018.08.08 2017가단101577
매매대금반환
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. On September 7, 2016, the Plaintiff purchased from the Defendant for KRW 330 million a D apartment 3rd floor E (hereinafter “instant apartment”) on the ground of Seoul, Gangnam-gu, Seoul, and three parcels of land owned by the Defendant (hereinafter “instant apartment”). The down payment of KRW 2 million is KRW 8 million on the date of the contract, the intermediate payment of KRW 8 million on September 20, 2016, and the remainder payment of KRW 320 million on January 20, 2017. The remainder is determined to be paid in advance if the lessee who currently resides in the said apartment is relocated.

(hereinafter “instant sales contract”). B.

On September 7, 2016, the date of the above contract, the Plaintiff paid the Defendant KRW 2 million, and KRW 8 million on September 20, 2016, respectively.

C. Since then, when a lessee who had resided in the instant apartment became a director, the Defendant requested the said lessee to pay KRW 20 million the lease deposit to be returned to the said lessee, and the Plaintiff paid KRW 20 million to the Defendant on December 21, 2016.

[Ground of recognition] Facts without dispute, Gap 1, 2 evidence, Eul 1, 2, and 8 evidence, the purport of the whole pleadings

2. Taking into account the Plaintiff’s circumstances in which the Plaintiff’s assertion was not raised, the Plaintiff and the Defendant agreed to divide the down payment and the intermediate payment into KRW 10 million, and KRW 250,000,000, out of the remainder of KRW 320,000,000, the amount of the down payment and the intermediate payment shall be paid as the amount of the loan received in cooperation with the Defendant before completing the registration of ownership transfer, and the remainder of KRW 70,00,000,000 shall be paid in installments for one year after the registration of ownership transfer.

However, after the conclusion of the instant sales contract, the Defendant changed the following attitude and demanded the previous lessee to pay the lease deposit amount of KRW 20 million to be returned to the previous lessee of the instant apartment, and the Plaintiff paid the said money.

In addition, the defendant demanded the establishment of the right to collateral security for the remainder of 50,000,000 won that the plaintiff decided to repay in installments, and the plaintiff's consent to the establishment of the right to collateral security was changed.

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