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(영문) 수원지방법원 2019.09.05 2019나4202
매매대금반환
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

purport:

Reasons

1. The Plaintiff, on March 11, 2018, purchased the instant building at KRW 285 million (hereinafter “instant contract”); (1) the lease deposit amount of KRW 23 million for the lessee of the instant building; and (2) the Plaintiff, the purchaser of the instant building, who purchased the leased loan of KRW 12.5 million from the Defendant, two residential facilities and one house (132.3 square meters, 2.94 square meters, 132.3 square meters, 2 stories, 86.94 square meters; hereinafter “instant building”); and (3) the remainder of the lease deposit amount of KRW 12.5 billion for the lessee of the instant building; and (3) the Plaintiff, the purchaser of the instant building, who acquired the leased loan of KRW 12.5 billion from the D association as collateral, shall be paid KRW 100 million for the principal repayment of the loan of KRW 300,000,000,000,000,000,000.

(2) The Plaintiff, on the instant contract date, remitted part of the down payment amount of KRW 12 million (hereinafter “instant money”) to the Defendant.

(3) At the time of the instant contract, the original Defendant scheduled the Plaintiff to normally take over the obligation to return the instant loan.

However, as the loan regulations have been strengthened, the Plaintiff could not take over the instant loan obligations under the same conditions as the Defendant’s loan terms and conditions (the due date and time repayment of the principal) and only the assumption of the obligation with the principal installment repayment method was possible.

(4) Accordingly, on March 14, 2018, the Plaintiff requested the Defendant to cancel the instant contract.

Accordingly, the defendant accepted the plaintiff's request and concluded the real estate of this case.

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