매매대금지급
1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
The purport of the claim and appeal is the purport of the appeal.
1. Basic facts
A. The registration of ownership transfer was completed in the name of the Plaintiff’s wife C (Death on January 17, 201) in each real estate listed in the separate sheet (hereinafter “instant real estate”).
B. As to the instant real estate, a sales contract dated December 6, 2010, stating the sales price of KRW 1.07 billion, intermediate payment of KRW 600 million, and the balance of KRW 470 million, was prepared by the sales contract (hereinafter “the instant sales contract”) with the seller C (the Plaintiff’s agent) and the buyer as D who performed the business of establishing the Defendant Medical Foundation.
C. On December 20, 2010, C transferred the instant real estate to the Defendant on December 18, 2010, each signed and sealed the written application for donation on December 18, 2010, stating that “The instant real estate shall be contributed to the Defendant without compensation,” which read that “A shall contribute the instant real estate to the Defendant under the condition that the Defendant bears the burden of the Defendant’s personal debts of KRW 100,000,000,000,000,000,000,0000 to the account of C on December 10, 2010 (hereinafter “instant agreement”), and the Defendant remitted KRW 40,000 to C’s account on December 10, 2010.
As to the instant real estate on January 6, 201, the registration of ownership transfer under the Defendant’s name (hereinafter “the instant registration of ownership transfer”) was completed due to the contribution on the same day, and thereafter, the Defendant repaid the existing debt of KRW 100 million.
E. On November 17, 2011, the Defendant drafted an agreement with the Plaintiff stating that “The main office of the Defendant Medical Foundation is changed and the public health clinic approval procedure is completed, to sell the instant real estate at KRW 190 million to the Plaintiff.”
However, the competent authority did not permit the disposal of the instant real estate, which is the fundamental property of the Defendant Medical Foundation.
F. On June 26, 2012, the Plaintiff and its children have the ability or intent to pay the intermediate payment and the balance pursuant to the instant sales contract from the beginning of the Defendant to the Defendant, etc.