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(영문) 수원지방법원 2016.09.01 2015나653
구상금등
Text

1. The part against the defendant in the judgment of the first instance shall be revoked;

2. The plaintiff's claim against the defendant is dismissed.

3...

Reasons

(b) allegation that a set-off is made to the extent;

4. Determination

A. 1) The Plaintiff’s father, E and G, R, C, H, and I (hereinafter “E”) entered into a sales contract with M on May 14, 2004 to jointly purchase the instant multi-household housing, and the main content of the sales contract is as follows.

[Multiple Generation Sales Contract] KRW 860,000,000 for the first sale price

The maximum amount of loan shall be KRW 50,000,000,000, under the status of the maximum amount of loan 117,000.

The intermediate payment of KRW 100,000,000 shall be paid on June 7, 2004.

Any balance of KRW 132,00,000 shall be paid at the brokerage establishment on June 30, 2004.

In the sale of the building of this case, E and five other persons must pay the purchase price as follows:

Article 2. All documents necessary for the registration of transfer of ownership shall be delivered, and shall cooperate with the registration of transfer, and the building of this case shall be delivered until June 30, 2004.

*The special agreement - The copy of the register shall be notified that the maximum debt amount of KRW 117,00,000 has been established, and shall be cancelled under the responsibility of M in the absence of succession to the register.

- The payment of any balance may be advanced under an agreement between M and E and five persons.

-the deposit (total sum of KRW 488,00,00) and monthly rent (total of KRW 1,790,000) of the present lessee shall be settled in proportion to the date of the balance on the basis of the date of the balance.

- Registration of preservation of ownership shall be issued to E and five other than E within five days after the payment of intermediate payments.

- Some of the down payment 20,000,000 won will be deposited in agricultural cooperatives (Account Number S, Account Holder M) by May 20, 2004.

B) On July 15, 2004, Nonparty 5 agreed on the joint purchase of the instant multi-household housing (hereinafter “Agreement on July 15, 2004”) as follows (hereinafter “Agreement”).

(i) [Agreements]

1. All obligations (for purchase costs, loans 90,000,000 won, interest thereon, lease on a deposit basis, obligation to repay deposit for monthly rent, etc.).

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