매매잔대금청구의 소
1. The Plaintiff’s 140,000,000 won and the interest rate of 15% per annum from February 22, 2018 to the date of full payment.
1. Basic facts
A. On March 31, 2017, the Plaintiff sold the amount of KRW 159,204 square meters of D forest land (48,160 square meters; hereinafter “instant forest”) owned by the Plaintiff pursuant to the real estate sales contract (No. 1) and the mutual performance note (No. 2) on March 31, 2017, to the Defendant for KRW 400 million.
(hereinafter “instant sales contract”). B.
With respect to the payment of the purchase price, the Plaintiff and the Defendant paid the down payment of KRW 30 million on the date of the contract, and paid the first intermediate payment of KRW 80 million on April 6, 2017, and the second intermediate payment of KRW 1.50 million on the part of the E Union established in the instant forest shall substitute for the succession of KRW 1.5 million to the collateral security debt of the E Union established in the instant forest, and in particular, the remainder of KRW 1.40 million on the remainder of the instant forest shall be appropriated for the purchase price of KRW 350 million on the aggregate of the land completed and the land in the instant forest completed the tourist farm and the land in the flat work, and if the conditions for repurchase were not fulfilled because they failed to obtain permission for tourist farm on November 2, 2017, the agreement was reached to pay the remainder of KRW 140 million on November 2, 2017 (hereinafter “instant special agreement”).
C. On June 9, 2017, the Plaintiff completed the registration of ownership transfer of the instant forest by implementing the instant sales contract. However, the grounds for registration are as follows: (a) on June 1, 2017, as mutually agreed upon by the Defendant at the time of the contract for the reduction of acquisition tax, the Plaintiff completed the registration by making an investment in kind (266,40,000 won) as the grounds for registration.
According to the instant sales contract, the Defendant paid the Plaintiff the down payment of KRW 30 million and the first intermediate payment of KRW 80 million. In lieu of the payment of KRW 150 million for the second intermediate payment, the Defendant succeeded to the collateral security debt of KRW 150 million for the E Union established in the instant forest in accordance with the instant sales contract.
However, until November 2, 2017, tourist farm permission cannot be obtained in the forest of this case.