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(영문) 대구지방법원서부지원 2016.12.06 2015가합2011
매매대금 등
Text

1. As to KRW 195,922,730 among the Plaintiff and KRW 123,04,00 among them, the Defendant shall from June 24, 2009 to December 6, 2016.

Reasons

1. Basic facts

A. On May 20, 2009, the Plaintiff entered into a sales contract with the Defendant on the sales price of KRW 150,000,000 (the remainder KRW 20,000,000, the remainder of KRW 130,000,000, and KRW 50,000,000 (hereinafter “instant sales contract”).

B. At the time of the instant purchase and sale contract, Nonparty D (Deposit 12,000,000) and E (Deposit 16,000,000) were set up in the name of Nonparty 2’s Saemaeul Fund, the maximum debt amount of KRW 73,00,000 (loan 50,000) in the future. On the first floor of the instant housing, Nonparty 1 was the tenant.

On June 23, 2009, the Plaintiff completed the registration of ownership transfer on the instant housing.

C. On March 25, 2010, the Defendant leased all of the instant second floor to Nonparty F with KRW 40,000,000 for lease deposit, and the said lease term expires, on March 25, 2012, the Defendant leased the instant second floor to Nonparty G for KRW 50,000 for lease deposit.

After that, the Defendant failed to refund the lease deposit to G despite the expiration of the lease term of G, and the above G applied for a compulsory auction on November 25, 2014.

On January 16, 2015, the Plaintiff paid KRW 50,000,000 to G on behalf of the Defendant and KRW 50,700,000,000 as auction expense, etc. on the 23th of the same month, and voluntarily withdrawn the above compulsory auction, and thereafter, thereafter, the Plaintiff occupied and used the second floor of the instant house from around that time.

E. Meanwhile, the Defendant did not succeed to the right to collateral security (hereinafter “instant loan obligation”) established regarding the instant housing from July 2009 to September 2015 after the instant contract was concluded, and the Plaintiff did not pay KRW 21,839,830,000,000 from July 2009 to September 2015.

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