매매잔대금
1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
Purport of claim and appeal
The first instance court.
1. According to the evidence No. 3-1 through No. 3-3 of the basic facts, each registration of ownership transfer was completed on December 24, 2015 with respect to the land and each building listed in the separate sheet (hereinafter “each of the instant real estate”) owned by the Plaintiff, on December 23, 2015.
2. The plaintiff's assertion and judgment
A. The Plaintiff sold each of the instant real property at KRW 320 million to the Defendant, and paid KRW 230 million among them to succeed to the existing collateral obligation. Of the remaining amount, KRW 70 million out of KRW 90 million was paid from the Defendant, but the remainder KRW 20 million was not paid after June 30, 2016, and claimed for payment of the said KRW 20 million and damages for delay.
B. However, in light of the following facts and circumstances acknowledged in light of each of the aforementioned evidence, evidence No. 1, and evidence No. 1, and evidence No. 1, the Plaintiff stated that the Plaintiff shall receive “the idea of special agreement” of the disposal document cited as the grounds for the assertion and pay “the shortage of ten million won by June 30, 2016.”
The entry of No. 1 (a sales contract) in the Plaintiff’s certificate is difficult to believe, and the remaining evidence submitted by the Plaintiff alone is insufficient to recognize the Plaintiff’s assertion, and there is no other evidence to acknowledge it.
Therefore, the plaintiff's assertion is without merit.
The date of preparation of a sales contract (No. 1) submitted by the Plaintiff is December 22, 2016, after about one year from the time of registration.
The seal affixed to the “Buyer” column of the sales contract (No. 1) submitted by the Plaintiff and the Defendant’s seal affixed to the “Buyer” column of the sales contract (No. 1) submitted by the Defendant is different. In addition, objective evidence exists to deem that the seal affixed to the sales contract (No. 1) submitted by the Plaintiff is the Defendant’s seal.