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(영문) 광주지방법원 2021.01.08 2020가단536093
매매대금
Text

1. The Defendant’s KRW 377,988,347 as well as the Plaintiff’s KRW 5% per annum from January 1, 2018 to January 8, 2021.

Reasons

1. On August 24, 2017, the Plaintiff prepared a sale agreement with the Defendant stating that each real estate listed in the separate sheet (hereinafter “instant real estate”) as indicated in the purchase price shall be KRW 920,000,000, and that the Defendant shall pay each of the remainder amount of KRW 92,000,000 until August 24, 2017 (Evidence No. 2) and each of the remainder amount of KRW 828,00,000 until August 29, 2017 (hereinafter “the instant transaction agreement”). The key content of the agreement is as follows: (a) the buyer shall pay the seller’s loans from the remainder of the purchase and sale agreement.

The buyer transfers the amount of KRW 50,000,000 to the buyer's account after repayment of the loan on August 29, 2017, and the seller proceeds without objection by receiving the repayment of the loan and the amount of KRW 50,000,000 from the seller.

Agreement

1. On August 24, 2017, the buyer B concluded a real estate sales contract with A on the instant real estate, and the sales amount was KRW 920,000,000.

b.2. The seller’s transfer of ownership to the buyer without any objection after repayment of the loan on the above real property and receipt of KRW 20,000,000.

From among the purchase price of KRW 920,00,000, the buyer shall pay the remainder of KRW 415,200,000 to the seller until December 31, 2017, the buyer shall pay the remainder of KRW 415,20,00 to the seller.

Provided, That when there is a change in the amount of repayment of loans, the balance shall be paid based on the actual amount of repayment.

The Plaintiff received KRW 50,000,000 from the purchase price stipulated in the instant sales contract, and completed the registration of transfer of ownership in the name of the Defendant on August 30, 2017.

On August 30, 2017, the registration of the establishment of the right to collateral security was cancelled in the name of C Cooperatives, the maximum amount of which was 624,00,000,000 won in the name of C Cooperatives. The loans repaid at the time of cancellation of the registration of the right to collateral security was KRW 492,01,653.

[Reasons for Recognition] There is no dispute;

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