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수원지방법원 여주지원 2018.12.19 2017가단6124

매매대금

Text

1. The Defendant’s KRW 50,000,000 and the Plaintiff’s annual rate of KRW 5% from September 12, 2017 to September 22, 2017, and the following.

Reasons

1. Facts recognized;

A. From October 1, 2011 to the Plaintiff, the Defendant leased and used the remainder of the real estate, excluding approximately KRW 70 square meters of the real estate without permission on the ground indicated in Paragraph (3) Dong of the attached Table and Paragraph (1) of the attached Table, among each real estate listed in the attached Table from the Plaintiff.

B. On July 7, 2016, the lease period under the preceding paragraph, the Defendant purchased the entire real estate (hereinafter the instant real estate) from the Plaintiff for KRW 400,000,000, and paid KRW 350,000 out of the purchase price to the Plaintiff.

C. On October 11, 2016, the Defendant completed each registration of the transfer of ownership with respect to land and buildings registered among the instant real estate. On April 20, 2017, the Defendant received the entire real estate from the Plaintiff, but did not pay the remainder of 50,000,000 won out of the purchase price to the Plaintiff.

[Ground of recognition] Unsatisfy, Gap evidence Nos. 1 to 4 (including additional number)

2. The assertion and judgment

A. According to the above facts finding as to the cause of the claim, the defendant shall pay to the plaintiff the balance of 50,000,000 won and damages for delay, unless there are special circumstances.

B. The defendant's assertion 1) Since the housing of this case is an unauthorized building that must be removed from the object of restoration to its original state and there is a defect in the object of sale to the original state, the plaintiff is liable to compensate the defendant for damages equivalent to the above housing price. The plaintiff offset such damage claim against the plaintiff's remainder of claims for sale with automatic bonds. Under the proviso of Article 580 (1) of the Civil Act, the seller's warranty liability is not acknowledged if the purchaser knew of the defect or was negligent, and the buyer did not know of the defect due to negligence.