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(영문) 서울북부지방법원 2020.03.25 2019나1518
부동산매매약정잔금
Text

1. The defendant's appeal is dismissed.

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

Purport of claim and appeal

1..

Reasons

1. Facts of recognition;

A. On July 4, 2017, the Defendant entered into a business service agreement with C, D, and E on the 18 households residing in the above land-based building (hereinafter “I building”) in relation to the construction of new G-based H apartment, Seoul Northern-gu F, and G ground-based H apartment (hereinafter “I building”), with the content that the contract will be entered into for the sale and purchase of the above land (the price per household shall be KRW 22 million per square year) and for the completion of relocation.

B. In accordance with the above service contract, the Defendant received written consent from the owner of the I building to purchase the site of the building at KRW 22 million on a regular basis and carried out the work of concluding a sales contract in order.

C. On September 1, 2017, the Defendant concluded a sales contract to purchase the instant building at KRW 317,780,000,00 calculated by calculating the site of the instant building at KRW 22,00,00,00 as the agent of C, D, and E (hereinafter “C, etc.”) between the wife L of the network K (Death on April 12, 2014; hereinafter “the network”) who is the owner on the register of the I Building J (hereinafter “instant building”) on September 1, 2017, the Defendant agreed to pay the remainder of KRW 58,978,40,00 as of October 17, 2017.

(hereinafter “instant sales contract”) D.

According to the instant sales contract, the down payment of KRW 30 million and the remainder of KRW 58,978,400 shall be paid to L, while the intermediate payment of KRW 228,801,60 shall be paid KRW 57,200,00 each to M, N,O, and the Plaintiff, the heir of the GK, and M, N,O, and the Plaintiff agreed to waive inheritance and to inherit the instant building solely by L.

E. Meanwhile, on September 1, 2017, the date when the instant sales contract was concluded, the Plaintiff was paid KRW 250 million with the Defendant as a separate agreed amount in relation to the instant sales contract. On the other hand, the Plaintiff paid KRW 30 million on the day of the contract, and KRW 50 million upon the completion of the inheritance registration upon the registration of inheritance at the same time as the intermediate payment was made.

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