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(영문) 대구지방법원포항지원 2014.09.16 2014가단2745
소유권이전등기
Text

1. The Defendant (Counterclaim Plaintiff) purchased and sold real estate listed in the separate sheet to the Plaintiff (Counterclaim Defendant) on December 1, 2013.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Facts of recognition;

A. On December 1, 2013, the Plaintiff and the Defendant entered into a sales contract with respect to the two-storys of cement brickds and brickds of 218 square meters (hereinafter “instant housing”) on the port owned by the Defendant, and paid the down payment to the Defendant on the same day on the same day.

- Sales amount: 150 million won - down payment: 14 million won - The plaintiff succeeds to the obligation to refund the deposit for the lease deposit of the second-class lessee D with the second-class lessee, and deducts it from the sales amount.

B. On January 22, 2014, the Plaintiff and the Defendant agreed to KRW 103,50,000 by deducting the lessee’s deposit amount of KRW 25 million from KRW 136,00,00,000 from the lessee’s deposit for lease deposit, expenses for custody directors, room and lodging, expenses for house repair, KRW 6 million from the seller’s name, E brokerage commission, KRW 750,000 from the seller’s side, and KRW 103,50,000 from the lessee’s public charges. Since the Defendant refused to receive the above amount, the Plaintiff deposited KRW 103,50,000 as the Defendant for the deposited person on January 24, 2014.

Since the Plaintiff settled the Plaintiff’s direct settlement of KRW 1 million of public charges sealed by the lessee, the Plaintiff deposited an additional KRW 1 million on January 28, 2014.

[Reasons for Recognition] Each entry of Gap evidence 1 to 6 (including the number of branches), witnessF's testimony, and the purport of the whole pleadings

2. According to the facts of the judgment on the principal claim, the Defendant is obligated to implement the registration procedure for ownership transfer on December 1, 2013 with respect to the instant real estate to the Plaintiff on the ground of a sales contract.

3. Determination on a counterclaim

A. The Defendant asserted that the Plaintiff did not pay KRW 6 million out of KRW 136,00,000, which the Plaintiff agreed to accept, and the Defendant paid KRW 25,000,000 to D upon the expiration of the lease period. As such, the Plaintiff is obligated to pay KRW 31,00,000,000 as the purchase and sale balance.

B. The above facts are as follows: (a) the deduction of 6 million won from the trade balance under the pretext of judgment, i.e., office repair expenses, etc.

A.

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