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(영문) 서울북부지방법원 2014.10.16 2014가합4341
매매대금
Text

1. The Defendant shall pay to the Plaintiff KRW 138,198,710 as well as 20% per annum from July 10, 2014 to the day of full payment.

Reasons

1. Basic facts

A. On October 16, 2009, the Plaintiff entered into a real estate sales contract (hereinafter “instant contract”) with the Defendant to sell the Plaintiff’s each real estate at KRW 275 million (hereinafter “each of the instant real estate”) to the Defendant with the Gyeonggi-gun, Gyeonggi-gu, the Plaintiff owned at KRW 587 square meters (hereinafter “each of the instant real estate”). The Plaintiff agreed to pay KRW 100 million out of the purchase price to the Defendant in reality and to substitute the remainder KRW 175 million as the repayment obligation of the lease deposit and the collateral security obligation of the Bank of Korea (hereinafter “Korea Bank”), and the Plaintiff’s transfer tax was to be borne by the Defendant.

B. The Plaintiff received KRW 100 million out of the purchase price from the Defendant pursuant to the instant contract, and completed the registration of ownership transfer in the name of the Defendant on November 24, 2009 with respect to each of the instant real estate.

C. At the time of the instant contract, the Plaintiff bears the obligation to lend KRW 113 million to our bank at the time of the instant contract. As to each of the instant real estate, the right to collateral security was established in the name of our bank with a maximum debt amount of KRW 135.6 million.

The Defendant did not take over the above collateral obligation under the instant contract, and the Plaintiff paid the Plaintiff KRW 28,374,000,000, which was from December 14, 2009 to March 12, 2014, after completing the registration of ownership transfer with respect to each of the instant real estate.

Of the above interest, KRW 1,2750,000 won was paid to the Plaintiff as the rent received from the lessee of each real estate of this case.

The Defendant did not pay the Plaintiff’s capital gains tax under the instant contract, and the Plaintiff paid KRW 9,574,710 in total on February 1, 2010.

【Ground of recognition】 The fact that there has been no dispute, entry of Gap's 1 through 6 (including the number of each class) and the purport of whole pleadings

2. We examine the judgment, and according to the above facts of recognition, the defendant will accept the plaintiff according to the contract of this case.

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