(영문) 수원지방법원평택지원 2020.08.06 2018가단62995

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(영문) 수원지방법원평택지원 2020.08.06 2018가단62995

잔금지급 청구의 소

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1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. On March 29, 2018, the Plaintiff entered into a transfer contract with the Defendant on March 29, 2018 with respect to 60% of the share of 3rd floor D located in Ansan-si (hereinafter referred to as “the instant Party’s loan”). The Plaintiff agreed to pay the transfer price of KRW 240 million on May 30, 2018, with the following terms:

(hereinafter “instant transfer contract”). Main terms of the instant transfer contract

6. The Plaintiff is responsible for and paid public charges, etc. for rent and management expenses until March 2018 of the present subject matter.

7. The defendant shall not have received various kinds of obligations (including US/Dboards and photographic deposit), partner's liabilities, and various public charges obligations.

9. (Lease Agreements) A security deposit of KRW 100 million and a rent of KRW 8 million shall be transferred separately.

B. On March 29, 2018, the Defendant paid to the Plaintiff KRW 100 million as the down payment, KRW 50 million as the intermediate payment on March 31, 2018, and KRW 30 million as part of the remainder on April 16, 2018.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and 2, the purport of the whole pleadings

2. Judgment on the parties’ assertion

A. The plaintiff's assertion 1) The summary of the plaintiff's assertion is that the defendant shall pay to the plaintiff the balance remaining 60 million won out of the transfer price of this case and damages for delay thereof. 2) The plaintiff deceivings the defendant about the terms and conditions of the lease contract (related to paragraph 9 of the transfer contract of this case) on the purchase sheet of this case. Thus, the transfer contract of this case was revoked by the defendant's declaration of intention on this ground. b) The plaintiff did not perform its obligations under the transfer contract of this case (related to paragraphs 6 and 7 of the transfer contract of this case) and caused damages to the defendant's repayment on behalf of the plaintiff.

B. The facts acknowledged prior to the cancellation of the transfer contract of this case by deception by the plaintiff, and the court of this case.

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