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(영문) 대구지방법원 서부지원 2017.03.08 2016가단2820
매매대금 등
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. On October 30, 2014, the Plaintiff entered into a sales contract with the Defendant on the purchase price of KRW 12.41 billion with respect to the purchase price of KRW 12.41 billion with respect to the real estate subject to sale, among the 12,653 square meters of land B in Daegu-gu, Daegu-gu, which is owned by the Plaintiff and the 11,612.93 square meters of land and the 11,649.25 square meters of land (hereinafter collectively referred to as “real estate subject to sale”), on the date of concluding the contract, the intermediate payment of KRW 1.24 billion with the intermediate payment of KRW 3 billion shall be paid on November 28, 2014, and the remainder of KRW 8.17 billion with the remainder of KRW 8.7 billion shall be revoked on January 5, 2015, and the transfer of real estate subject to sale shall be subject to the cancellation of the registration of creation of the maximum debt amount established on May 31, 2015 (hereinafter referred to “the instant sales contract”).

B. According to the instant sales contract, the Defendant paid the Plaintiff the down payment of KRW 1.24 billion and the intermediate payment of KRW 3 billion at each payment date.

C. Prior to that, on August 30, 2013, the Defendant concluded a lease agreement between the Plaintiff and the Plaintiff by setting a deposit amount of KRW 100 million, monthly rent of KRW 12.8 million, and the term of lease from September 1, 2013 to August 31, 2015 with respect to the aggregate of approximately 850 square meters (including slab 2 stories and approximately 350 square meters on the south side of non-Dong-dong; hereinafter “previous lease portion”).

On February 27, 2015, the Defendant paid 8,035,188,355 won out of the remainder of 8.17 billion won under the instant sales contract to the Plaintiff on February 27, 2015, and completed the registration of ownership transfer in the Defendant’s future with respect to real estate subject to sale (including 9,649 square meters of land for Daegu-gu factory through division, partial destruction, alteration of name, etc., and 7,529 square meters of land for the first floor (1st floor, 7,529.9 square meters of office and 297.56 square meters of office and 297.75 square meters of office) and 3 non-Dong buildings (46.75 square meters of office and 3rd water tank).

E. On May 31, 2015, May 31, 2015, the date of delivery stipulated in the instant sales contract, the Plaintiff was the same year.

7. 30. Delivery of real estate subject to sale to the defendant, and the defendant has delivered the real estate for the same year.

9.25. The use of the first floor of the building mobile;

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