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(영문) 의정부지방법원고양지원 2016.06.24 2014가단14163
매매대금반환 등
Text

1. The claim of this case is dismissed.

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

Reasons

1. Basic facts

A. The Plaintiff, as a broker of the Defendant, decided to purchase 509 and 311 of the building in the Nam-gu Incheon Metropolitan City, Incheon Metropolitan City, and paid the Defendant a total of KRW 23,260,000,000, plus KRW 21,260,000,000, excluding the loans of the above commercial building and the lease deposit agreed to accept each of the above, from the price of each of the above buildings, and issued a receipt to the Defendant that received it, and the details of each of the above rooms are as follows.

509 No. 311 of the seller’s 64,10,000 won 6090,000 won 41,940,000 won 40,200,000 won 15,000,000 won 10,600,000 won 1,60,000 won and other expenses 1,600,000 won 1,60,000 won for settlement payment of 8,760,000 won 12,50,000 won

B. Since then, the Defendant decided to purchase the above 311 units by changing them to 631 units, and on July 27, 2004, the Defendant prepared a real estate sales contract stating that a loan to succeed to KRW 75,300,000 for the above real estate was KRW 48,660,000.

C. Since then, on June 20, 2006, the Plaintiff entered into a contract to exchange 667 square meters including the difference of exchange 40,000,000 won with the land and G land owned by Nonparty E, in addition to the difference of exchange 40,000,000 won with each of the above commercial buildings (hereinafter “each of the instant commercial buildings”).

[Ground of recognition] Facts without dispute, Gap evidence 1 to 3, evidence 5, purport of the whole pleadings

2. The plaintiff asserts that, around the other hand, the defendant, while acting as a broker for the sales contract of each of the instant commercial buildings, the plaintiff is obligated to pay monthly 195,000 won after deducting the interest on loans received as security from the monthly rent from the above commercial buildings. The plaintiff asserts that from September 20, 2004, the exchange contract for the above commercial buildings was entered into between September 20, 2006 and June 20, 2006.

In addition, although the defendant received a total of KRW 3,200,000 from the plaintiff as the registration cost, the amount equivalent to the above commercial building has not been registered as the actual commercial building.

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