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(영문) 인천지방법원 2017.05.19 2016나50672
매매대금
Text

1.The judgment of the first instance shall be modified as follows:

The defendant shall pay to the plaintiff succeeding intervenor KRW 20,000,000 and this shall apply.

Reasons

1. Basic facts

A. The Plaintiff sold the above house to the Defendant at KRW 14,500,000,00 on the ground of the land outside Incheon Spojin-gun, Incheon, and delivered the above house to the Defendant.

B. On February 16, 2015, the Plaintiff, upon receiving KRW 67,500,000 from the purchase price, drafted a written agreement with the Defendant with the following content (hereinafter “instant agreement”).

(A) The Plaintiff and the Defendant, on February 16, 2015, succeeded to the remainder of KRW 37 million, which purchased and sold the land and buildings of Incheon Spo-gun, from February 16, 2015, deducted the construction cost of KRW 6.7 million and the registration cost of KRW 1.7 million, and the balance of KRW 8.6 million shall be received on February 16, 2015 and the registration of ownership transfer for the building portion shall be completed.

Subsequent problems of groundwater

6. Settlement by the owner until 30.

b. The repair of defects in the building is to be done by the defendant.

C. On February 16, 2015, the Plaintiff received 8,300,000 won from the Defendant, deducting 3,000,000 won for gas refeat costs, which the Plaintiff had established, from the said balance of 8,60,000 won, from the Defendant, and completed the registration of ownership transfer on the said housing.

On April 14, 2016, the Plaintiff transferred the purchase price claim to the Defendant to the Intervenor succeeding to the Plaintiff and notified the Defendant of the transfer of the claim.

E. The Plaintiff submitted an application for withdrawal from a lawsuit at the trial court on November 3, 2016, and the Defendant consented to withdrawal from a lawsuit.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 3, and 4, the purport of the whole pleadings

2. Determination as to the cause of action

A. The Plaintiff, in preparing the instant agreement with the Defendant, agreed to deduct 6.7 million won for defective construction costs of the said housing from the sales balance, and 1.7 million won for the registration cost borne by the Plaintiff, as there is no dispute between the parties. Therefore, the issues of the instant case are KRW 20 million for the sales balance = KRW 14.5 million for purchase and sale - the above 17 million amount.

(b) the description 6.

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