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(영문) 창원지방법원 2016.06.16 2014가단25200
대여금
Text

1. The Defendant (Counterclaim Plaintiff) paid KRW 24,305,724 to the Plaintiff (Counterclaim Defendant) and its related amount from April 9, 2016 to June 16, 2016.

Reasons

1. Basic facts

A. On March 18, 201, the Plaintiff entered into a contract with the Defendant to purchase KRW 400,000 square meters in total, and KRW 66.36,00,00,00 for cement block block slive roof, which is a building owned by the Defendant, for the purchase price of KRW 170,000,00 in total, and the down payment is to pay KRW 160,00,000 for each of the remaining amounts at the time of the contract (hereinafter “instant contract”), and paid the Defendant a down payment of KRW 10,00,000 on the day of the contract (hereinafter “instant real estate”).

B. The contents of the instant sales contract relating to the instant case are as follows.

(1) The seller under Article 3 (Extinction of Restricted Real Rights, etc.) (1) shall transfer the full ownership to the buyer by removing the defects, burdens, etc. of the rights if there are grounds for restricting the exercise of ownership, such as the mortgage, superficies, the right of lease, etc. established on the said real estate, or if there is any unpaid amount, etc. of taxes and other charges by the date of the payment

except in cases of rights and amounts agreed to succeed.

(A) 【Special Agreement】

1. At the same time as the contract is concluded, the seller agrees to the buyer all the above-mentioned uses of the real property.

In addition, all documents should be kept when the Office's permission is granted even in the extension/renovation.

(b)

3. The remaining date of the balance shall be two years, but if the buyer raises any balance, it shall be such balance at any time and shall be made for sale and purchase according to general practices.

4. The seller shall be cancelled at the time of balance of the establishment of a right to collateral security.

5. The seller shall release the seizure of the termination of the National Health Insurance Corporation by December 27, 2008, No. 31772, when any balance remains.

C. From October 16, 2012 to October 16, 2012, the Plaintiff, with the Defendant’s approval for use, performed a construction work of expanding a single-story house among the instant real estate, and the said housing is a reinforced concrete structure and structure.

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