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(영문) 춘천지방법원 2018.10.17 2017가단5092
매매대금반환
Text

1. The Defendant (Counterclaim Plaintiff) shall pay to the Plaintiff (Counterclaim Defendant) KRW 80 million with full payment from October 18, 2017.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. On September 30, 2016, the Plaintiff’s female cancer C was diagnosed with cryp cancer in around 2014, and was under navigation cancer treatment due to a recurrence of around April 2016, but continued to provide navigation cancer treatment. On September 30, 2016, the Plaintiff resided in the leased house on the ground of Hongcheon-gun D’s Hongcheon-gun for the purpose of medical care, and the new housing construction was conducted on the land immediately adjacent to the Plaintiff’s land.

B. In light of the fact that C is unable to properly receive medical care, the Plaintiff recommended the director on June 1, 2017, and purchased from the Defendant a FF large of 660 square meters and a single-story house of 95.84 square meters (hereinafter “instant site and housing”) in the vicinity of the Defendant for KRW 200 million. However, when entering into a contract, the intermediate payment of KRW 20 million is KRW 60 million.

6. 26. Any balance of 45 million won;

9.9. Payment, and succession of the loan obligation of KRW 75 million to the loan obligation, concluded a contract with the following terms (hereinafter “instant contract”).

Article 2 (Transfer, etc. of Ownership) The seller shall deliver all the documents necessary for the registration of transfer of ownership to the buyer at the same time as the balance of the purchase price is received, and shall cooperate with the registration procedure, and the delivery date of the said real estate shall be September 9, 201

[Matters of Special Agreement]

1. The current contract is a sales contract under the current facility, and the registration certificate, building register, land cadastre, land utilization confirmation Board, etc. is confirmed and the contract is entered into; 1. By mutual agreement, the purchaser will succeed to the principal KRW 75 million.

1. The remaining date of a balance by mutual agreement shall be adjusted to September 9, 2017.

C. The Plaintiff paid the Defendant the down payment of KRW 20 million and the intermediate payment of KRW 60 million according to the instant contract.

In order to enter the instant housing in a public road, G shall undergo the H road 282 square meters and 382 square meters of an I road owned by G. G is the original owner of the instant site, and Hongcheon Gun is able to use the said road permanently as an access road to the instant housing.

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