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(영문) 서울고등법원 2019.08.21 2019나2006612
양수금
Text

1. The plaintiff's claim that the court changed in exchange is dismissed.

2. The Plaintiff and the Defendant out of the total costs of the lawsuit.

Reasons

1. Basic facts

A. On August 12, 2011, the Defendant entered into a contract between the Plaintiff’s Intervenor and the Defendant (hereinafter “instant land”). On August 12, 201, the Seocho-gu Seoul Metropolitan Government D large 201.5 square meters (hereinafter “instant land”).

(2) On June 22, 2012, the Plaintiff’s Intervenor and the Defendant purchased KRW 1,730,000 and completed the registration of ownership transfer on December 19, 201 (the payment of KRW 1,00,000,000, out of the balance of the sale price). The Defendant purchased the instant land and the instant ground buildings, and completed the registration of ownership transfer on December 19, 201. After the purchase of the instant land and the instant land, the Defendant became aware of the Plaintiff’s Intervenor’s multi-household housing on the instant land. (2) On June 22, 2012, the Plaintiff’s Intervenor and the Defendant concluded a contract with the Plaintiff’s Intervenor to sell the instant land and the buildings on the instant land to KRW 2,340,00,000,000 (hereinafter “instant contract”). The key contents are as follows.

[Agreement]

3. Period of construction from June 25, 2012 to November 25, 2012 (five months)

4. Amount and method of payment (1) The Plaintiff’s Intervenor shall pay 2,340,000 won to the Defendant.

② Of the above amounts, KRW 1,000,000 shall be replaced by the succession of KRW 1,000,000 to the Plaintiff’s Intervenor.

The interest accrued from July 19, 2012 shall be borne by the supplementary intervenor of the plaintiff.

However, interest shall be paid in advance by the supplementary intervenor to the defendant one month prior to the occurrence of the interest.

The procedure of debt succession shall be simultaneously with the transfer of registration to the supplementary intervenor for the plaintiff.

(3) Any balance of KRW 1,340,000,000 shall be paid in full within five months from November 25, 2012.

However, if the above period is not observed, it shall be extended only once for one month, and the interest shall be KRW 30,000,000 per month, and the extension of the period for payment shall not be permitted.

(4) For the lease deposit created after the completion of a building, the defendant shall directly do so until the remainder is paid.

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