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(영문) 수원지방법원안산지원 2016.11.01 2015가단110126
매매대금
Text

1. The Defendant (Counterclaim Plaintiff) paid KRW 131,80,000 to the Plaintiff (Counterclaim Defendant) and its related amount from May 1, 2015 to November 1, 2016.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. On October 9, 2014, the Plaintiff and the Defendant entered into a sales contract with the effect that each of the real estate listed in the separate sheet owned by the Plaintiff (hereinafter “instant real estate”) shall be KRW 1,600,000,000 with respect to the purchase price, and that the Defendant would have to take over the obligation related to the instant real estate from the purchase price and deduct the remainder from the purchase price to be paid from the Defendant on October 31, 2014 (hereinafter “instant sales contract”).

B. On November 18, 2014, the Plaintiff completed the registration of ownership transfer with respect to the instant real estate to the Defendant.

C. The Defendant paid to the Plaintiff KRW 20,00,000,000 on November 18, 2014, and KRW 30,00,00 on February 24, 2015, respectively, as part of the price of the instant sales contract.

[Ground of recognition] Facts without dispute, each entry of Gap evidence 1 to 4 (including provisional number), and the purport of the whole pleadings

2. Determination as to the claim on the principal lawsuit

A. The Plaintiff asserted that the Plaintiff is liable to pay to the Plaintiff the remainder of KRW 1,320,00,000 (=1,60,000,000 - 1,468,000,000) of the sales contract of this case by acquiring the Plaintiff’s obligation related to the instant real estate or paying part of the purchase and sale contract of this case by paying the Plaintiff the remainder of the purchase and sale contract of this case (i.e., KRW 1,60,000 - 1,468,000) and damages for delay from May 1, 2015, which is the day following the day when the Plaintiff delayed the due date for the remainder payment of the sales contract of this case.

As to this, the Defendant paid KRW 1,470,00,00 among the purchase price of this case by taking over the Plaintiff’s obligation related to the instant real estate or repaying a part of the purchase price of this case. At the time of the conclusion of the instant purchase and sale contract, the Plaintiff and the Defendant paid KRW 2 and 3 of the instant real estate lessees.

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