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(영문) 인천지방법원 2018.08.09 2017나68717
양수금
Text

1. Of the judgment of the court of first instance, the part against the defendant in excess of the following amount ordered to be paid shall be revoked.

Reasons

1. Basic facts

A. The Plaintiff is a company that engages in construction business.

B. On June 13, 2015, the Defendant entered into a sales contract (hereinafter “instant sales contract”) with D on June 13, 2015, which purchased KRW 50,000,00 from C the purchase price for the F apartment Nos. 513 (hereinafter “instant building”) on the land other than Seo-gu Incheon, Seo-gu, Incheon, as the real estate sales contract (Evidence No. 2) (hereinafter “instant building”).

Real estate sales contract (Evidence A 2)

1. Display of real estate, Seo-gu Incheon, and four parcels, F apartment No. 513;

2. As to the sale of the above real estate, Article 1 (Purpose) of the Terms and Conditions of the Contract, the seller and the buyer, by agreement, shall pay the sales amount as follows:

The sales amount of KRW 50,000,000 down payment of KRW 30,000 shall be paid at the time of a contract and the balance of KRW 20,000,000 shall be paid on July 15, 2015.

Article 2 (Transfer, etc. of Ownership) The seller shall deliver documents necessary for the registration of transfer of ownership to the buyer simultaneously with the receipt of the balance of the purchase price, and cooperate with the registration procedure, and the delivery date of the said real estate shall be July 15, 2015

10,000,000 won out of the remainder of the special agreement shall be paid simultaneously with the transfer registration, and the remainder shall be paid by the purchaser immediately after the transfer registration is completed.

On June 13, 2015, a seller C (personal seal affixed) seller's agent, the D buyer's agent (personal seal affixed)

C. As between D and D on June 13, 2015 (the date of the above sales contract), the Defendant decided to delegate a loan under the terms and conditions of the above sales contract to C, and in the event that the Defendant cooperates with the loan procedure and the loan is not implemented, the Defendant paid a balance of KRW 10,000,000 to C by June 12, 2017, regardless of whether to implement the loan.

(No. 1.D.)

On June 13, 2015, the defendant paid 30,000,000 won as down payment to C.

C On November 6, 2015, the registration of ownership transfer for the building will be completed in the future of the defendant, which was based on the above sales contract.

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