매매대금반환청구
1. The part of the judgment of the court of first instance against the plaintiff, which orders payment below, shall be revoked.
The defendant.
Basic Facts
The defendant is the owner of the C Commercial Building (hereinafter referred to as the "Commercial Building") located in B at Yangju-si, an aggregate building, including the stores listed in the attached list (hereinafter referred to as the "instant store"). On July 9, 2012, the defendant entered into a real estate security trust agreement with the land trust company on which Daegu Livestock Industry Cooperatives and Masung Livestock Industry Cooperatives jointly with the first priority beneficiary, and completed the registration of ownership transfer for the instant commercial building on the same day.
On June 3, 2016, the Defendant concluded a sales contract to sell the instant store to the Plaintiff KRW 630 million (hereinafter “instant sales contract”), agreed to pay the down payment of KRW 120 million on the date of the contract, and KRW 510 million on July 15, 2016, respectively. The Plaintiff deposited the down payment of KRW 120 million to the Defendant on the same day through E.
The Defendant, upon receiving any balance from the Plaintiff at the remaining payment date, was in a situation where it is impossible for the Plaintiff to complete the registration of transfer of ownership for the instant store. Accordingly, the Plaintiff and the Defendant, on June 23, 2016, to prepare a new sales contract with the latest payment date, and on July 28, 2016, a sales contract with the remaining payment date changed on June 23, 2016, and the purchase price as it is at KRW 630 million was, but the Defendant still was unable to complete the registration of transfer of ownership even if it is paid any balance from the Plaintiff, the Plaintiff and the Defendant changed the purchase price into KRW 620 million and the remaining payment date was completed on June 3, 2016 and July 15, 2016, to make the sales contract with the remaining payment date as at KRW 300 million [the remaining payment date on September 5, 2016, KRW 6200, KRW 16500,000,000].