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(영문) 청주지방법원 2019.12.20 2019나11037
양수금
Text

1. The plaintiff's appeal is all dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. Basic facts

A. On April 11, 2007, the Plaintiff entered into a sales contract 1) The H apartment complex located in the Heung-gu Seoul Metropolitan Government G (hereinafter “instant apartment complex”) located in Chungcheongnam-gu Seoul Metropolitan Government (hereinafter “instant apartment complex”).

(D) Co., Ltd. (hereinafter referred to as “D”).

(B) the real estate listed in the separate sheet (hereinafter referred to as the “instant apartment”).

(2) On July 2, 2010, the Plaintiff and E concluded a sales contract with respect to the instant apartment as follows (hereinafter “first sales contract”) with the sales price of KRW 710 million (i.e., the intermediate payment of KRW 426 million,000,000,000,000) (i.e., KRW 213 million). The Plaintiff and E entered into a sales contract with respect to the instant apartment on July 2, 2010, and completed the first sales contract for real estate transactions on the same day.

A sales contract of the apartment of this case

3. The special agreement (other) that the buyer (E) shall pay at the time of the contract the purchase price of KRW 710,000,000 won of the purchase price of KRW 710,000,000,000,000,000,000,000 won of the purchase price for the sale of the real property, and that the buyer shall pay at July 2, 2010, the remainder of the receipt at the time of the contract the purchase price of KRW 71,00,000,000,000,000,000,000,000, is a contract for all the amount paid in D until July 1, 2010.

3) Meanwhile, on July 4, 2010, after the date of the conclusion of the first sale contract, the Plaintiff entered into the first sale contract with E and the first sale contract with the following special terms and conditions (hereinafter “special agreement”).

I agreed to add the same.

A separate agreement on the purchase and sale of apartment of this case

3. The seller of the additional special terms and conditions (the plaintiff, the same hereinafter) is currently proceeding with D in a lawsuit for compensation for damages, and if the seller becomes to receive the judgment in favor of the seller as a result of the judgment, the right to receive the judgment, notwithstanding this sales contract, is the seller.

70,000 won of down payment paid by the seller at the time of the sales contract shall be the next purchase right or ownership of this case by the buyer (E. hereinafter the same shall apply).

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