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(영문) 수원지방법원 2015.04.02 2014나12161
건물명도
Text

1. All appeals against the Defendant (Counterclaim Plaintiff) and counterclaim claims filed in the trial against the Defendant (Counterclaim Plaintiff) are dismissed.

2...

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Facts of recognition;

A. On May 8, 2013, the Plaintiff entered into a sales contract with the Defendant on the Plaintiff’s co-ownership (1/2) with respect to the Plaintiff’s share in the instant real estate, KRW 1.5 million for the purchase price, KRW 13 million for the intermediate payment, KRW 10 million for the intermediate payment, KRW 82 million for the remainder on May 14, 2013 on the date of the contract, and KRW 15 million for the remainder on June 28, 2013, and KRW 15 million, out of the remainder 82 million for the lessee of the instant real estate, and received KRW 13 million for the Defendant’s remainder payment (hereinafter “instant sales contract”).

B. Article 6 of the sales contract of this case provides that "a party to the contract of this case may claim damages for damages arising from the cancellation of the contract respectively to the other party, and the contract deposit shall be deemed as the basis for damages, unless otherwise agreed.

C. On May 14, 2013, the Plaintiff received an intermediate payment of KRW 10 million from the Defendant, and then allowed the Defendant to occupy the instant real estate, thereby occupying the instant real estate from that time.

On August 22, 2013, the Plaintiff notified the Defendant of the performance of the remainder payment by content-certified mail, but failed to perform it. On October 30, 2013 of the same year, the Plaintiff deposited KRW 50 million remaining excluding the down payment amount of KRW 13 million to be confiscated by the Plaintiff among the KRW 63 million, which the Defendant received from the Defendant, by asserting that the purchase and sale contract was rescinded due to the Defendant’s failure to pay the remainder payment, with the Suwon District Court No. 2013 Gold District Court No. 10325 of the same year, and deposited the deposited amount as the Defendant of the deposited amount. A duplicate of the legal brief dated August 5, 2014, stating the Plaintiff’s declaration of intent to rescind the instant contract,

8. The defendant was served.

[Ground of recognition] Unsatisfy, entry of Gap evidence 1 to 3, purport of whole pleadings.

2. The assertion and judgment

A. The summary of the plaintiff's assertion 1 of the parties' assertion is 15 million won according to the sales contract of this case.

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