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(영문) 인천지방법원 2016.12.09 2015나15528
건물명도등
Text

1.The judgment of the first instance shall be modified as follows:

The defendant shall be 714,924 won to the plaintiff (appointed party) and the appointed party.

Reasons

1. Determination as to the cause of claim

A. 1) The Plaintiffs are real estate listed in the separate sheet (hereinafter “instant apartment”).

A) Around December 30, 2013, as the owner of the apartment, the Defendant sold the said apartment (hereinafter “instant sales contract”) to the Defendant.

On the other hand, while the defendant asserts that the amount of specific purchase price is KRW 175 million after deducting repair costs, there is a dispute by asserting that it is KRW 175 million or KRW 180 million after deducting repair costs, etc.

(2) At the time of the above sales contract, the right to collateral security (hereinafter referred to as the “mortgage”) in the name of the debtor, the maximum debt amount 27.6 million won in the above apartment is deemed as the collateral security (mortgage).

(2) As to the portion of the amount corresponding to the obligation of the instant loan (hereinafter “the instant loan”) out of the purchase price balance, the Plaintiffs and the Defendant decided to substitute payment for the instant loan by succeeding the instant loan to the Plaintiff or by having the Defendant repaid the instant loan on behalf of another financial institution.

3) The Defendant, as a purchaser’s position, paid 18.5 million won (i.e., KRW 7 million on December 30, 2013, KRW 10 million on January 22, 2014, KRW 1.5 million on March 5, 2014) to the Plaintiffs, and resided in the said apartment from January 2, 2014, and provided the Plaintiffs with a certificate of personal seal impression issued on April 2, 2014, which is necessary for registering the transfer of ownership of the said apartment, and notified the Plaintiffs of the settlement of the remaining purchase price along with the transfer of ownership of the said apartment, but the Defendant did not pay the remaining purchase price to the Plaintiffs, and the Plaintiffs notified the cancellation of the said sales contract by proving the content of the instant apartment or by serving a duplicate of the instant complaint on April 8, 2014.

5. The right to collateral security in this case is eventually the delinquency of the principal and interest of the instant loan.

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