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1. The defendant shall receive KRW 95 million from the plaintiff, and at the same time real estate stated in the attached Table to the plaintiff.
Reasons
1. Facts of recognition;
A. On November 18, 2017, the Plaintiff entered into a sales contract with the Defendant for D Apartment E (hereinafter “instant apartment”) located in Seodaemun-gu Seoul, Seodaemun-gu, Seoul (hereinafter “instant apartment”) with respect to the purchase price of KRW 415 million (the contract amount of KRW 40 million, the balance of KRW 375 million, and the remainder payment date of KRW 375 million), and on March 15, 2018 (hereinafter “instant sales contract”).
B. On November 17, 2017, the Plaintiff paid the Defendant the sum of KRW 40 million, which is KRW 10 million on November 17, 2017, and KRW 30 million on June 20, 2017, as down payment, and paid KRW 20 million out of the remainder on June 12, 2018.
Before the conclusion of the instant sales contract, the F leased the instant apartment from the Defendant at KRW 260 million, and the original Defendant agreed to deduct the said deposit from the sales price.
[Recognizing Facts] The descriptions of Gap evidence Nos. 1 through 4, 6 through 9, the witness G testimony, and the purport of the whole pleadings
2. According to the facts found in the above determination, the Defendant is obligated to implement the registration procedure for ownership transfer on the instant apartment, at the same time, to receive payment from the Plaintiff for the remainder of the purchase price of KRW 95 million (=375 million - KRW 20 million - KRW 260 million) in accordance with the instant sales contract, and at the same time, to implement the registration procedure for ownership transfer on the instant apartment.
3. It is so decided as per Disposition by admitting the plaintiff's claim.