beta
(영문) 대전지방법원 2016.08.30 2015나108756

매매대금

Text

1. Of the judgment of the court of first instance, the part against the plaintiff corresponding to the money ordered to be paid below shall be revoked.

The defendant.

Reasons

1. Basic facts

A. Although Nonparty C is written in the same text as of August 12, 2009, Nonparty C written in the same text as of August 12, 2009, Nonparty C’s seal affixed to the network C and Defendant’s seal above, it is written in the color pen as of November 20, 2009.

The purchase and sale contract for the sale of real estate listed in the attached Form (hereinafter referred to as “the apartment of this case”) to the Defendant is below the sales contract of this case.

(2) The main contents of the contract are as follows:

The purchase price: 250 million won is paid and received at the time of a contract: 10 million won; the lease deposit is paid and received: 120 million won: The remainder paid with the loan and the lease deposit: The lease deposit is replaced by the loan: 10 million won; and the remainder paid on May 18, 2010. However, the Doc and the defendant's seal is affixed after the search line.

Special agreement terms: Interest on a loan shall be paid by the seller by the end of October 2009.

ever after payment shall be made by the buyer.

B. On February 5, 2010, the Defendant filed a lawsuit demanding the performance of the procedure for the registration of ownership transfer against the deceased C to the effect that “The deceased C shall be paid KRW 10,000,000 from the Defendant” as Seoul Western District Court Decision 2010Kadan7518, and at the same time, the Defendant shall implement the procedure for the registration of ownership transfer based on the sales contract on November 20, 209 with respect to the apartment of this case.”

The network C completed the registration of ownership transfer as the receipt No. 17489 on May 17, 2010 with respect to the instant apartment, and delivered the said apartment to the Defendant.

The defendant withdrawn the above lawsuit on June 8, 2010.

C. The Defendant paid the contract deposit of the instant sales contract to the deceased C, but did not perform the remainder payment obligation.

On the other hand, the deceased C died on July 16, 2010, and the Plaintiff succeeded to the deceased C’s remainder claim of KRW 10 million against the Defendant.

[Reasons for Recognition] Unsatisfy, Gap evidence 1 to 9 shall be included in the dispute.