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(영문) 대구고등법원 2015.06.17 2014나3536
토지매매대금반환 및 손해배상
Text

1. All appeals filed by the Plaintiff (Counterclaim Defendant) against the instant principal lawsuit and counterclaim are dismissed.

2. The costs of appeal shall be the principal lawsuit.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. The following facts of recognition do not conflict between the parties, or are recognized by Gap evidence Nos. 1, 2, 10, 12, Eul evidence Nos. 1 and 5 (including the branch numbers in the absence of special indication; hereinafter the same shall apply) and the purport of the entire pleadings, and there is no counter-proof.

The Plaintiff, along with her husband E, is a person who engages in fish farming business under the trade name of “F” in Young-gun G in Young-gu, Chungcheongnam-gu.

Defendant B and C are persons engaged in fish farming business under the trade name of “H” and “I” respectively in the same sense.

1.The following arrangements shall be made:

The sale price: KRW 300,000,000 for the total amount of KRW 470,000: 320,000,000 for the payment to the seller at the same time as the contract and received: 320,000,000 for the payment on July 30, 201 and the remaining amount of the bank loans (including cash loans of KRW 70,000,000 for the loans of KRW 250,000 for the loans of KRW 250,000): 120,000 for the payment on October 30, 201, the balance shall be paid and received on or before the date of both convenience, and the registration of establishment of a mortgage shall be promised at the same time as the date of mutual convenience.

(B) In the case of real estate, the person who has the right of creation may sell it at any time on the date of payment of the balance;

3. Any seller shall be liable to pay public imposts, etc. on the relevant real estate until he/she pays any balance;

4. A seller shall provide a buyer with all documents that enable him/her to transfer ownership when he/she receives any balance;

5. Where there is a mortgage, right of lease, superficies, other limited real rights, seizure, etc. which the purchaser has not taken over for the immovables 1 through 5, the buyer may cancel the contract, and where any damage has occurred as a result thereof, the seller shall compensate therefor; and

6.The facilities incidental to this real estate shall be sold in the present condition.

B. On July 7, 2011, the Plaintiff decided to sell to Defendant B the real estate listed in attached Forms 1 through 5 (hereinafter referred to as “united real estate”).

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