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(영문) 전주지방법원 2016.04.06 2015나3726
매매잔대금
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1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

Reasons

1. The following facts can be acknowledged in full view of the overall purport of the arguments in Gap evidence Nos. 1, 2, 8 through 10, 16, and Eul evidence No. 1 (including additional numbers).

On December 25, 2013, the Plaintiff entered into a sales contract with the Defendant to sell real estate listed in the separate sheet (hereinafter “instant real estate”) for KRW 397 million to the Defendant, and the remaining payment date is March 30, 2014.

B. The Plaintiff received respectively KRW 2 million from the Defendant as the down payment, KRW 18 million on December 26, 2013 as the intermediate payment, and KRW 150 million on January 21, 2014.

C. On January 27, 2014, the Plaintiff prepared a notarial deed of debt payment contract (hereinafter “notarial deed of this case”) with the Defendant on the same day and received the remainder payment from the Defendant on the same day. The amount was KRW 162 million, not KRW 171 million.

(1) As seen below, there is a dispute between the parties regarding the reduction of KRW 9 million. On the other hand, the remainder of KRW 40 million was substituted by the Defendant’s acceptance of the lease deposit for some commercial buildings of this case.

On January 27, 2014, the Plaintiff completed the registration of ownership transfer for the instant real estate to the Defendant on December 25, 2013.

2. Determination:

A. According to the above facts finding as to the cause of the claim, barring any special circumstance, the defendant is obligated to pay to the plaintiff the remaining purchase and sale amount of KRW 9 million (=171 million = KRW 397 million - KRW 2 million - KRW 150 million - KRW 18 million - KRW 40 million - KRW 160 million - KRW 162 million), and delay damages.

B. On January 27, 2014, the Defendant’s judgment on the Defendant’s assertion is to reduce the Plaintiff’s amount of KRW 9 million out of the above purchase price (hereinafter “the instant money”).

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