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(영문) 서울중앙지방법원 2016.11.25 2015가단108367
매도후 잔금
Text

1. The Defendant shall pay to the Plaintiff KRW 37,00,000 and the interest rate of KRW 15% per annum from July 23, 2015 to the day of full payment.

Reasons

1. Facts of recognition;

A. On May 26, 2014, the Plaintiff: (a) sold to the Defendant the amount of KRW 1,419,860,000 of the purchase price; (b) the remainder (1,369,860,000 of the purchase price, excluding the amount of KRW 50,000,000 of the purchase price; and (c) the remainder (1,369,860,000 of the purchase price) of the real estate in each of the instant case, which was established with respect to each of the instant real estate, was substituted by the Defendant’s acceptance of the secured debt of the right to collateral security and each of the lease deposits of KRW 1,20,000 of the remainder amount of KRW 50,000,000; and (d) the Defendant paid the taxes, medical insurance, overdue interest, and the remainder amount of KRW 30,000,000 on June 20, 2014.

(1) The court below held that the plaintiff's 16,00,000 won of the 16,000 won of the 16,000 won of the 2nd generation deposit (hereinafter "the 2nd purchase contract of this case") shall be 79,860,000 won of the total amount of the obligation to return the 2nd generation deposit (2,00,000 won of the 2nd generation deposit 4th generation deposit) of the 1st generation deposit (200,000 won of the 2nd generation deposit) of the 2nd generation deposit (28,260,000 won of the 16,00,000 won of the 16,000,000 won of the 2nd generation deposit of the 2nd generation mortgage (hereinafter "the 2nd purchase contract of this case") in the operation of convenience store, and the defendant's 16,000,000 won of the 2nd purchase price shall be deducted from the plaintiff's deposit.

B. The Defendant paid the Plaintiff KRW 5,000,000 as the down payment on the date of conclusion of the instant sales contract.

The Plaintiff, on the date of the instant sales contract, is registered in the name of the Plaintiff among each of the instant real estate, and the documents for the registration of transfer of the real estate (land category) listed in attached Table 3, as well as the registration certificate of the remaining real estate and the stock company registered in C’s name.

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