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(영문) 대전지방법원천안지원 2020.08.14 2020가합101259
분양대금잔금
Text

1. The Defendant-Counterclaim Plaintiff (Counterclaim Defendant) amounting to KRW 104,331,480 and its amount from December 8, 2018 to May 31, 2019.

Reasons

1. The principal lawsuit and counterclaim shall be deemed to be filed together with the facts of recognition;

A. The Plaintiff is an individual entrepreneur engaged in real estate business, lease business, etc. under the trade name of “C”.

B. On April 20, 2017, the Defendant concluded a sales contract with the Plaintiff for the purchase price of KRW 393,90,000 for the purchase price of the building D and E located at KRW 393,90,000, and paid down payment to the Plaintiff KRW 42,068,520.

C. Since then, the Defendant changed the above G head to H, and the Plaintiff and F building H heading and I (hereinafter “instant real estate”) to purchase each of the sale price of KRW 368,200,000 (hereinafter “instant sale contract”) as the purchase price of KRW 368,20,00,00 for each of the sale price (hereinafter “instant sale contract”), there is a sales contract for the F building H heading and subparagraph 1 (Evidence Nos. 3 and 4) and April 20, 2017 (Evidence No. 2-1, 200). The remainder is identical only to the conclusion date of the contract.

AB concluded the agreement.

According to the instant sales contract, the remainder of the sales price is paid within one month after the completion of the building.

On December 27, 2017, the Plaintiff completed the registration of ownership transfer with respect to the instant real estate to the Defendant.

E. On July 31, 2018, the Defendant paid KRW 80,000 to the Plaintiff out of the remainder of KRW 184,331,480, which had to be paid to the Plaintiff according to the instant sales contract.

[Ground of recognition] The fact that there has been no dispute, Gap's 1 through 5, Eul's 1, 3, and 4 (including branch numbers), and the purport of the whole pleadings

2. According to the above facts finding as to the claim of the principal lawsuit, the Defendant: (a) KRW 104,331,480 (=184,31,480 - 80,000) due to the instant sales contract; (b) and (c) the following day from December 8, 2018 to May 31, 2019, clearly indicated that the original copy of the instant payment order was served on the Plaintiff. Article 3(1) of the former Act on Special Cases Concerning the Promotion, etc. of Litigation, Etc., and Article 3(1) of the former Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings.

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