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(영문) 서울동부지방법원 2015.02.04 2014나21191
매매잔금
Text

1. All appeals filed by the Defendant (Counterclaim Plaintiff) against the principal lawsuit and counterclaim are dismissed.

2. The costs of appeal shall be principal lawsuit and counterclaim.

Reasons

1. The reasoning of the court's explanation concerning this case is as follows. The part of the judgment of the court of first instance is to be used for the corresponding part of the judgment of the court of first instance as stated in paragraph (2), and it is customary that the defendant may waive the contract deposit equivalent to 10% of the price and rescind the contract deposit until he pays the intermediate payment (if there is no intermediate payment, any balance) to the seller. Since the defendant, as he expressed his intention of rescission two to three days after the contract of this case, he shall return to the defendant the remaining 2.5 million won after deducting the down payment corresponding to the down payment of the 3.5 million won which the plaintiff received, or 2.5 million won after deducting the down payment of the down payment and intermediate payment of the plaintiff, 2.2.2.2.5 million won after deducting the down payment of the down payment and intermediate payment of the plaintiff, 3.2.5 million won, the plaintiff and the defendant may not accept the subsequent part of the contract of this case from the plaintiff and the defendant on the date of rescission of the contract of this case.

2. Parts to be dried;

A. The third half to fourth half part (1) of the real estate market price of this case was approximately KRW 61,500 per square meter, but it was more than KRW 185,00 per square meter, and thus, the sales contract of this case is null and void as an unfair juristic act.

B. The third half to nine (2) Plaintiff’s real estate of this case.

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