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(영문) 전주지방법원 2020.07.22 2019나9470
전세보증금반환등
Text

1. The part against the defendant in the judgment of the court of first instance shall be revoked, and the plaintiff's claim corresponding to the revoked part shall be dismissed.

Reasons

1. In the first instance court, the Plaintiff sought payment of the remainder of the purchase price of KRW 20,00,000, and the outstanding amount of KRW 5,000,000 for the lease deposit. The first instance court dismissed the remainder of the purchase price and accepted the claim for the unpaid amount of the lease deposit.

In this regard, the defendant only appealed against the unclaimed portion of the claim for the unclaimed lease deposit, which is subject to the judgment of this court, is limited to the claim for unclaimed lease deposit.

2. Basic facts

A. On November 201, the Plaintiff entered into a sales contract (hereinafter “instant sales contract”) with the Defendant’s external third village C, under which the Plaintiff sold the instant building site and its ground buildings owned by the Plaintiff at KRW 320,00,000 in the purchase price (hereinafter “instant building”).

Upon entering into the contract, the Plaintiff and C agreed to pay the intermediate payment of KRW 100,000,000 in either the intermediate payment of KRW 100,000 on February 28, 2012, and the remainder of KRW 180,000,000 on April 30, 2012.

In addition, the Plaintiff and C stated in the contract that “The rental deposit shall be KRW 35,00,000 shall be succeeded to by succession,” and stated in the special agreement that “the deposit of KRW 5,00,270,000 shall be KRW 22,00,000,000,000,000,000,000 shall be deemed to be responsible for the seller’s name.”

B. On April 26, 2012, the Plaintiff, C, and the Defendant agreed to change the buyer of the instant sales contract to the Defendant in C.

C. On December 1, 201, C paid KRW 5,000,000 in the name of E, and KRW 35,000,000 on December 6, 201, and KRW 60,000 on February 21, 2012, and KRW 40,000,000 on February 28, 2012. The Defendant paid KRW 125,000,000 on May 2, 2012.

On May 2, 2012, the Plaintiff’s purchase and sale of each of the instant real estate to the Defendant on April 26, 2012.

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