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1. The part of the judgment of the court of first instance against the plaintiff, which orders payment below, shall be revoked.
The defendant.
Reasons
1. The reasoning of the court of first instance’s explanation concerning this case is that “from the first parallel to the 12 table up to the 34th parallel and the 8th parallel” of the first instance judgment is dismissed as provided in the following Paragraph 2, and accordingly, the reasoning of the first instance judgment is the same as that of the first instance judgment, and thus, it is acceptable in accordance with the main sentence of Article 420 of the Civil Procedure Act.
2. The facts of recognition as H and I (1) of the instant commercial building (A) were established on behalf of the Plaintiff on February 26, 2017, the Plaintiff concluded a sales contract with the Defendant to pay KRW 148,00,000 with respect to the sales price for the instant commercial building I as KRW 31,562,377 (including value-added tax) on February 26, 2017, and the remainder of KRW 126,249,507 (including value-added tax) (including value-added tax) on March 31, 2017, and concluded a sales contract with AB on February 28, 2017, including the remainder of KRW 160,000 with respect to the sales price for the instant commercial building H as the remainder of KRW 31,562,377 (including the remainder of value-added tax) and the remainder of the sales contract to be paid as the remainder of value-added tax (30,000,00).
(2) The Defendant received the down payment under each of the above sales contracts from AC and AB, and paid 6,160,000 won (=160,00,000 won x 7% of the sales price x 160,000 x 10% of the contract price x 10% x 1/2 x 1/2 x half of the sales agency fee for the instant commercial buildings x 10%) and 5,698,000 won (=148,00,000 of the sales price x 7% of the contract fee x 10%) x 1/2 pursuant to Article 7 of the sales agency service contract of this case.
③ AC and AB do not cancel the registration of provisional attachment or the registration of the establishment of the establishment of the neighboring commercial buildings of this case as to H and I.