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(영문) 서울중앙지방법원 2021.02.03 2020가합535359
채무인수청구의 소
Text

The plaintiff's claim is dismissed.

Litigation costs shall be borne by the plaintiff.

Reasons

1. Basic facts

A. On March 17, 2015 and on March 30, 2015, the Plaintiff entered into a contract with G to have the instant officetel H units, I, Jhos, K units, L units, M units, and seven units of household units, which are the representatives of G, a private person in implementation of the “E” (hereinafter “the instant officetel”).

B. The Plaintiff borrowed KRW 33,256,000 in total from the O and P associations for the payment of intermediate payment among the sales price for the instant officetel.

2. The loan amount of KRW 20, 60, 60. 20, 60, 60. 20, 60. 20, 60, 662, 60. 66. 20, 60, 60. 66. 20, 60, 60. 66. 60, 60, 60. 66. 20, 60, 666. 66. 20, 60, 666. 20, 16. 6. 6. 20, 66. 6. 20, 20, 60, 662, 80 J. 20, 207 16. 20, 66. 6. 6. 8, 206

Article 1 (Transfer of Sales Contracts) The plaintiff and B shall transfer the sales contracts for officetels under this Agreement to the parties.

However, the transfer of sales contracts shall be done according to the procedures set forth in the following provisions:

Article 2 (Handling of Down Payment and Officetel) ① The Plaintiff shall waive the down payment in two rooms (H heading and I) among the seven households of the instant officetel, and shall return the remainder five rooms (H heading and I) to B, and shall receive the return of the down payment in the remainder of 83,314,000 won.

③ The Plaintiff’s obligation to lend part payments to 7 households of the instant officetel loans that the Plaintiff received from Q Cooperatives.

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