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1. Defendant with respect to the preliminary claim for judgment of the first instance exceeding the following elements:
Reasons
1. Facts of recognition;
A. 1) On August 6, 2008, the Plaintiff entered into a sales contract with the deceased C (hereinafter “the deceased”).
B) As between the Plaintiff, the Plaintiff’s multi-family housing with the 123.4 square meters in Seoul, Dongjak-gu Seoul Metropolitan Government Tro 123.4 square meters and the 3 multi-family housing with the third floor of the lub roof (hereinafter the above land and buildings referred to as “instant real estate”), and the above building is referred to as “instant building.”
(2) The sales contract of this case is a sales contract that purchases the purchase price of KRW 870,00,000 (hereinafter “instant sales contract”).
2) The instant sales contract was concluded by J (Defendant’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son
3) Of the terms and conditions of the instant sales contract, the parts related to the instant case are as follows. KRW 80,000,000 for down payment of KRW 870,000 for the purchase price, KRW 200,000 for the intermediate payment of KRW 310,000 for the remainder payment of KRW 310,000 for the remainder payment of September 10, 2008 at the time of conclusion of the contract, and KRW 280,000 for the remainder payment of KRW 310,000 for the remainder payment of September 10, 2008, respectively, and the remainder of KRW 280,000 for the lessee of the instant building shall substitute for the Plaintiff’s succession to the obligation to refund the deposit amount of KRW 280,000 for the lessee of the instant building. The Plaintiff may waive the down payment and rescind the instant sales contract (Article 5) before the Plaintiff or the other party’s nonperformance of obligation under the instant sales contract.
By October 17, 2008, the Plaintiff paid 80,000,000 won out of the intermediate payment, and 150,000,000 won out of the intermediate payment under the instant sales contract, and did not pay the remainder of the intermediate payment and the remainder.