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(영문) 서울고등법원 2018.08.29 2017나2068784
약정금
Text

1. All appeals filed by the Defendant (Counterclaim Plaintiff) against the instant principal lawsuit and counterclaim are dismissed.

2. The costs of appeal shall be the principal lawsuit.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Facts of recognition;

A. Conclusion, etc. of the instant exchange contract

1. Loans of 702.8 square meters in the site area for the goods exchanged C in Jung-gu, Daejeon (Plaintiff) where the goods are located: 2.3 billion won in the building area of 5,842 square meters: KRW 690,000,000 won/monthly rent of 2,3460,000 won;

2. An underground parking lot of 326.40 square meters in a 102.2 square meters in a building of 102.2 square meters in a building of 102.2 square meters in a building of 102.2 square meters in a building of 102.2 square meters in a building of 102.2 square meters in a building of 213 square meters in a 217.53 square meters in a building of 217.53 square meters in a electricity room, and a building of 141 square meters in a G 141 square meters in a 108.2 square meters in a building of 141 square meters in a electricity room (4 meters

3. B shall accept a loan and security deposit for both goods for both parties to A, and pay the balance as the contract and the balance.

The exchange balance amount (100,000,000) shall be paid.

The down payment (30,000,000 won) shall be paid on September 14, 2016 and the remainder of the receipt shall be paid on September 27, 2016 (70,000,000 won) shall be paid on September 27, 2016.

(no special agreement shall be any more severe)

1. The parties to the contract, Gap and Eul shall confirm the goods for exchange in person and faithfully perform the contract;

4.B shall agree to grant a loan of approximately one billion won to B's goods at the completion of the transfer of the two goods, and the consulting cost for the loan shall be paid by Section B.

5. Since the monthly rent of the article A is an amount at the time of the contract, it may be changed additionally.

1) On September 14, 2016, the Plaintiff and the Defendant are the land and the above-ground buildings located in Daejeon-gu Daejeon-gu, Daejeon-gu (hereinafter “ Daejeon-gu Real Estate”).

(1) The land and the above-mentioned building and the above-mentioned land and the above-mentioned building owned by the Defendant (hereinafter referred to as “acheon Real Estate”).

2) The contract to exchange (hereinafter referred to as “instant exchange contract”)

(2) On September 14, 2016, the Plaintiff received KRW 100 million in total from the Defendant as the difference under the instant exchange contract.

3. On October 12, 2016, the Plaintiff circulated on October 12, 2016.

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