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(영문) 서울동부지방법원 2020.06.12 2018나31912
매매대금
Text

1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. Facts of recognition;

A. 1) The Plaintiff is a building without permission on the ground C of Gangdong-gu Seoul Metropolitan Government (hereinafter “instant building”).

A) On May 14, 201, the owner of the instant building entered into a sales contract with D, who represented by the Defendant, on the following terms: The sales price: KRW 33 million: the intermediate payment of KRW 18 million, which is the remainder 18 million on May 25, 201 when entering into a contract, shall be paid on July 13, 2011. Upon receipt of the total down payment, the Plaintiff transferred the ownership to the Defendant; the Defendant established a right to collateral security at KRW 28 million in total with the intermediate payment and remainder of KRW 28 million with the land of Gangdong-gu Seoul Metropolitan Government and the maximum debt amount of KRW 36 million. The contract becomes null and void, and the transfer of ownership is borne by the Plaintiff on May 19, 201, with the maximum debt amount of KRW 40 million,000,000,000,0000,000,000 won (hereinafter “the maximum debt amount of the instant building”). The Plaintiff received KRW 506,5,00,00,0,00,00,0.

3) Although the Defendant was aware of the fact that it cannot obtain a permit for a festival due to administrative problems, on May 26, 2011, the Plaintiff agreed with the Plaintiff to sell the instant building jointly to a third party instead of nullifying the above sales contract, and complete the settlement between the original and the Defendant,” and on May 26, 2011, the following agreement execution note (Evidence A 2-1, hereinafter “instant agreement note”).

2) On the same day, the Plaintiff prepared the purchase price of KRW 3,00,000,000, deducting KRW 38.5 million from KRW 3,000,000,000,000 for KRW 1/2,575,00 (including KRW 5 million paid on May 19, 201).

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