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(영문) 의정부지방법원고양지원 2020.11.18 2019가단90315
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. The Plaintiff is a personal business operator who engages in the business of repairing and distributing electronic equipment in subparagraphs D and e of Goyang-gu, Gyeyang-gu (hereinafter “instant shopping mall”).

B. On January 30, 2012, the Defendant: (a) donated each of the instant stores No. 1st floor F and G (hereinafter collectively referred to as “each of the instant stores”); and (b) installed a wooden brick wall and an entrance around each of the instant stores, which successively connected each of the instant stores with the points of 9, 10, 11, 12, and 9, in the order of priority, as indicated in the drawings in the attached Form No. 9, 10, 11, 12, and 9 (hereinafter “the instant portion”).

C. On March 23, 2018, the Plaintiff leased each of the instant stores from the Defendant with a deposit of KRW 3 million, KRW 500,000 per month, and the lease period from March 27, 2018 to March 26, 2019, and occupied and used the instant part.

On July 11, 2019, the Plaintiff entered into a contract with the Defendant to purchase each of the instant stores with the purchase price of KRW 60 million (the balance of KRW 3 million at the time of entering into the contract, KRW 57 million, and each of the payment in July 12, 2019) (hereinafter referred to as “instant sales contract”). The said contract entered into a statement of KRW 5.07 square meters in size, 16,266,090 in size, and 13.65 square meters in size of the building area, and KRW 43,73,910 in size.

The Plaintiff paid the purchase price to the Defendant in full in accordance with the instant sales contract.

E. The area on the registry and the building registry of each of the instant stores is 5.07 square meters in the case of F, and 13.65 square meters in the case of G, and there is no ground plan for each of the instant stores in the commercial building.

[Reasons for Recognition] Unsatisfy, Gap evidence Nos. 1 through 4, 8 (including a branch number; hereinafter the same shall apply), Eul evidence Nos. 1 and images, the result of the appraisal commission to appraiser H by this court, the purport of the whole pleadings

2. The assertion and judgment

A. The Plaintiff’s assertion knows that the entire space partitioned with a double wall is the object of the instant sales contract.

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