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(영문) 서울고등법원 2016.06.28 2015나2040997
매매대금
Text

1. All appeals filed by the Defendant (Counterclaim Plaintiff) and Defendant C are dismissed.

2. The Plaintiff (Counterclaim Defendant) out of the costs of appeal.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. (1) On December 12, 2013, the Plaintiff: (a) between Defendant B and the above Defendant, real estate listed in the separate sheet owned by the Plaintiff (hereinafter “instant real estate”); and (b) among them, the buildings listed in paragraph (2) of the same list are “the instant building”.

2) The sales contract to sell the sales price of KRW 1.49 billion (hereinafter “instant sales contract”) to the effect that the sales price is determined as KRW 1.49 billion.

(2) However, the Plaintiff and Defendant B, rather than the content of the instant sales contract, did not enter into a sales contract with Defendant C, the mother of Defendant B, and entered into a sales contract with the purchase price of KRW 1117.5 million (hereinafter “first sales contract”). The above KRW 1117.5 million (hereinafter “the instant cooperative”), which was established on the instant real estate, agreed to accept and substitute the Defendants for payment of KRW 617.5 million (hereinafter “the instant cooperative”) for the collateral security obligation against the instant real estate and for the lessee of the instant real estate.

3) Meanwhile, a separate letter of payment that is excluded from the sales contract No. 1 (i.e., the remaining sales price of KRW 372.5 million (i.e., KRW 1.49 billion - KRW 1.17.5 million) is to be paid by Defendant C, with the payment to be made by the Defendant C (hereinafter “instant letter of payment”).

(2) On February 10, 2014, the Plaintiff entered the sales contract in which the name of the purchaser was entered as to the instant sales contract with Defendant B and the sales price was KRW 1.49 billion (hereinafter “second sales contract”).

A. A new draft was made, and there was no mentioning about the instant letter of payment in the contract, and the said letter of payment was repealed or the Defendants did not withdraw it.

C. Defendant C paid to the Plaintiff KRW 110 million on May 1, 2014, and KRW 61 million on May 8, 2014, respectively, in accordance with the instant payment agreement.

However, out of the amount paid on May 1, 2014, KRW 100 million under the agreement between the Plaintiff and the Defendant B.

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