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(영문) 인천지방법원 2016.02.18 2015가단7373
매매잔대금
Text

1. The Defendant: (a) KRW 40,000,000 for the Plaintiff and 5% per annum from December 16, 2014 to February 16, 2015; and (b) the Plaintiff.

Reasons

1.The facts following the facts of recognition may be found either in dispute between the parties or in combination with the whole purport of the pleadings in Gap evidence 1 to 3, Eul evidence 1 (including the number of branches), and witness Eul testimony.

The plaintiff in relation to the ownership of real estate is the building of this case, "the building of this case", "the general factory of the non-dong building, the general steel structure, and other roof 2 stories, the 1st floor and the 2nd floor, the 493 square meters, and the 493 square meters, respectively, on the ground

The term "A-dong building" is referred to as "A-dong building" with the two-story general factories, the first floor and the second floor, 498.25 square meters, hereinafter, hereinafter referred to as "A-dong building," located in the Dong-gu Incheon Metropolitan City factory site and its neighboring Incheon Metropolitan City.

B) The Plaintiff is the owner of the instant building and its site. (B) On September 5, 2014, the Plaintiff sold the instant building and its site totaling KRW 1,525,00,000 (including value-added tax 35,000,000 of the building) to the Defendant, and at the time, the Defendant paid the down payment of KRW 80 million on the day, and the remainder KRW 1,445,00,000 by December 15, 2014.

2) The Defendant paid the Plaintiff the down payment of KRW 80 million on the date of the contract, and paid KRW 50 million as part payments around October 13, 2014, and paid KRW 1,271,00,000 as part payments around December 12, 2014, by subrogated the existing collateral security debt of KRW 1,271,00,000,000, and by accepting the obligation to return the existing lease deposit, paid the Plaintiff a sum of KRW 1,485,00,000,000 in total, to the Plaintiff as to the instant building and site. However, even though the registration of ownership was made on the instant building and site, the Defendant did not pay KRW 45,00,00 (value-added tax on the instant building including KRW 35,00,00,00

C. On the other hand, on October 1, 2014, the Plaintiff sold Jejudong building and its site to F for KRW 1,640,000,000, and completed the registration of ownership transfer in F on and around December 10, 2014. At the time of the said sale contract, the power at the time of the said sale contract is owned by 300KW, and is jointly owned by the owner of the instant building.

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