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1. The defendant shall receive KRW 220,000,000 from the plaintiff and at the same time indicate the attached real estate in the plaintiff.
Reasons
1. Facts of recognition;
A. On July 5, 2013, the Defendant leased to C the apartment as indicated in the indication of the attached real estate to each of the lease deposit amounting to KRW 400 million and KRW 400,000 per month of rent, respectively, until August 15, 2015.
The sales price of KRW 650 million is KRW 30 million in the intermediate payment of KRW 400 million in the event of a contract; KRW 220 million in the remainder payment of KRW 220 million on February 12, 2015, shall be paid on April 12, 2015 [Special Provisions]
2. The current lessee ( 400,000,000 - - n n n n n n n n 400,000)/ monthly rent of n n n n n n n n n n 400
6. 10 million won, out of the down payment, shall be paid at the time of a contract, and the remainder 20 million won shall be remitted to the Defendant’s account on February 13, 2015.
7. The balance date may be adjusted according to the buyer's circumstances before the date of balance.
B. On February 12, 2015, the Plaintiff and the Defendant concluded a sales contract with the Defendant to sell to the Plaintiff real estate indicated on the attached real estate in KRW 650 million. Of them, the content related to the instant case is as follows.
C. On February 12, 2015, which is the day of the above sales contract, pursuant to the Special Agreement No. 6., the Plaintiff paid 10 million won, which is a part of the down payment, to the Defendant on February 13, 2015, and remitted the remainder down payment KRW 20 million to the Defendant’s account on the following day.
On March 16, 2015, the Plaintiff notified the Defendant that he/she would pay the remainder on March 25, 2015 according to the terms and conditions of the special agreement, but the Defendant refused to receive it. The Plaintiff again intended to pay the remainder on March 31, 2015, but the Defendant refused to receive it.
[Ground of recognition] Gap evidence 1 to 6, 10 (including branch numbers for those with additional numbers), Eul evidence 1, the purport of the whole pleadings
2. The parties' assertion
A. At the time of the instant sales contract, the Plaintiff and the Defendant agreed to substitute for the Plaintiff’s succession to the Defendant’s obligation to return the lease deposit to the lessee.
(2) Therefore, the defendant is paid a balance of KRW 220 million from the plaintiff.