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(영문) 의정부지방법원 2015.07.24 2014나10756
매매대금
Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

Reasons

1. Facts of recognition;

A. On November 22, 2005, the Plaintiff entered into a sales contract with the Defendant to purchase each real estate listed in the separate sheet at KRW 220,000,00 (hereinafter “instant sales contract”). The Plaintiff entered into the said contract with the Defendant to purchase the purchase price at KRW 220,00,00 (hereinafter “instant sales contract,” and “the instant sales price”).

B. For the payment of the purchase price of this case, the Defendant: (a) transferred KRW 104,00,000 to the Agricultural Cooperative account of the Plaintiff’s husband; (b) KRW 3,000,000 on November 23, 2005; (c) KRW 10,000,000 on January 16, 2006; (d) KRW 50,000,000 on January 28, 2006; and (e) KRW 104,00,000 on November 29, 206; (b) instead of paying KRW 76,00,000,000 on the remainder of the purchase price, the Plaintiff assumed KRW 60,000 on the building listed in attached Table 2 (hereinafter “instant building”); and (c) paid KRW 100,000 on the lease deposit of KRW 100,000 on the apartment building; and (d) paid KRW 10000,0000,000 on the lease deposit.

【Ground of recognition】 The fact that there is no dispute, entry of Gap's 1 through 4 (including branch numbers, if there is a ground for recognition) and the purport of whole pleadings

2. The assertion and judgment

A. The summary of the parties’ assertion asserts that, instead of paying KRW 20,000,00 (=220,000,000 - 180,000,000), the Plaintiff succeeded to the obligation to refund the lease deposit amount of KRW 25,00,00 to F, a lessee of the second floor of the instant building in lieu of paying KRW 25,00,000,00, the Defendant is obligated to pay the remainder of the purchase amount of KRW 15,00,000 (=40,000,000 - 25,000,000) to the Plaintiff.

In regard to this, the Defendant shall pay the amount of the obligation to return the lease deposit with respect to the second floor of the instant building, which he succeeded, instead of paying the purchase price of the instant building.

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