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(영문) 수원지방법원 2018.11.22 2017나78568
건물명도
Text

1. The judgment of the first instance is modified as follows upon the claim that the Plaintiff changed in this court.

Defendant B.

Reasons

1. The remainder of KRW 10 million (the remainder of KRW 9 million out of the contract deposit shall be deposited until February 28, 2015) shall be paid KRW 220 million on March 28, 2015 (the payment date May 29, 2015), KRW 10 million on April 28, 2015, KRW 10 million, and KRW 20 million on May 28, 2015, respectively.

Registration shall be transferred on May 28, 2015.

The interest on the current loan shall be paid by the seller up to April 28, 2015, and the purchaser shall bear the interest thereon thereafter.

The parties to a contract may claim damages against the other party due to the cancellation of contract, and the contract deposit shall be deemed to be the basis for compensation for damages, unless otherwise agreed.

A. On February 11, 2015, the Plaintiff indicated the name of Defendant B as the purchaser by H, the representative director, in the name of Defendant B, a corporation substantially operated by Defendant B. However, there is no dispute between Defendant B and the buyer under the instant sales contract.

B. The Defendant concluded a sales contract to sell the instant house at KRW 230 million (hereinafter “instant sales contract”) and received KRW 1 million, which is part of the down payment from the said Defendant. The main contents of the instant sales contract are as follows.

[At the time] As to the instant housing, the mortgagee G Saemaul Treasury and the maximum debt amount of KRW 182 million (the actual secured debt amount of KRW 140 million; hereinafter “instant loan”).

(B) The registration of the establishment of a mortgage near the Plaintiff, the debtor, was completed.

On March 8, 2015, Defendant B paid to the Plaintiff KRW 4 million as part of the down payment through the said I’s account. As part of the remainder of the purchase price, Defendant B issued a check of KRW 25 million per face value of the said I’s issuance, and the said check was refused to pay due to the default of payment.

C. On March 28, 2015, Defendant B transferred the instant house from the Plaintiff and resided in the instant house with Defendant C from that time, and the Plaintiff provided documents necessary for filing an application for ownership transfer registration.

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