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(영문) 광주지방법원순천지원 2013.05.02 2011가단7707
토지인도 등
Text

1. On September 30, 2010, the Plaintiff (Counterclaim Defendant) paid KRW 90,030,000 to the Defendant (Counterclaim Plaintiff) and KRW 15,000 among them.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Facts of recognition;

A. On September 30, 2010, the Plaintiff entered into a sales contract. On September 30, 2010, the Defendant’s mother I, as delegated by the Defendant, engaged in a legal act under the Defendant’s name. Between B and B, the Plaintiff is deemed to have been a 711 square meters and C large 696 square meters (hereinafter “C site”).

(E) 184 square meters of forest E (hereinafter “E forest”)

2) The term “instant farmland” is 9m20 square meters prior to F (hereinafter “instant farmland”).

() As to the aggregate four parcels of land, the sales amount of KRW 190 million shall be KRW 150 million, and the down payment of KRW 15 million shall be paid on a contractual basis, and the remainder of KRW 175 million shall be paid by February 28, 201 (hereinafter “instant sales contract”).

2) The Plaintiff and the Defendant agreed to exclude the said four lots of land, which were the subject matter of the instant sales contract, from the subject matter of the instant sales contract, on December 8, 2010.

B. On September 30, 2010, the day when the instant sales contract was concluded, the Defendant paid KRW 15 million to the Plaintiff as the down payment. Unlike the provisions stipulated in the instant sales contract, the Defendant paid KRW 20 million for the intermediate payment with the Plaintiff’s consent on January 27, 201, before the remainder payment date arrives.

C. 1) At the time of the conclusion of the instant sales contract, part of the existing building and the progress of the new construction work

), 별지 도면 표시 ⓘ, ⓓ, ⓔ, ⓗ, ⓘ의 각 점을 차례로 연결한 선내 (다)부분 지상의 시멘트 벽돌조 건물 23.09㎡{이하 ‘이 사건 (다)부분 건물’이라고 한다

, 같은 도면 표시 ⓗ, ⓔ, ⓕ, ⓖ, ⓔ의 각 점을...

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