beta
(영문) 청주지방법원 제천지원 2021.01.13 2020가단618

매매대금

Text

The plaintiff's claim is dismissed.

Litigation costs shall be borne by the plaintiff.

Reasons

1. Facts of recognition;

A. On June 22, 2015, the Plaintiff sold to the Defendant the purchase price of KRW 253,00,000, 674 square meters and 734 square meters prior to the Nam-gun, Nam-gun, Nam-gun, Seoul.

The Plaintiff paid KRW 25,300,000 as down payment on June 24, 2015, the intermediate payment of KRW 101,200,000 on July 23, 2015, and KRW 126,50,000 on September 23, 2015.

B. On July 24, 2015, the Plaintiff sold the purchase price of KRW 95,400,000 to the Defendant for forest E-Gun, Namnam-gun, Namnam-do.

The Plaintiff paid the down payment of KRW 9,540,000 to each of the instant sales contracts on July 28, 2015, the intermediate payment of KRW 38,160,000 on August 28, 2015, and KRW 47,700,000 on September 23, 2015 (hereinafter collectively referred to as “each of the instant sales contracts”).

The defendant completed the registration of transfer of ownership on each of the real estates which are the object of the contract of this case.

[Ground of recognition] The evidence No. 1, Eul evidence No. 1, Eul No. 1 (which has a number, including a number; hereinafter the same shall apply), and the purport of the whole pleading

2. The gist of the parties’ assertion is that the Defendant paid only KRW 294,200,00 among the purchase price of KRW 348,400,00 under each of the instant sales contracts (=253,000,000) (=95,400,000) and did not pay the remainder of KRW 54,20,000.

The claim is that the defendant is claiming the payment of the balance of the purchase price of KRW 54,200,000 and the delayed damages.

The Defendant paid to the Plaintiff the full purchase price under each of the instant sales contracts.

The plaintiff's claim is claimed.

3. Determination

A. Comprehensively taking account of the overall purport of the entries and changes in Eul evidence No. 4, the Defendant transferred KRW 174,200,000 in total to the account under the name of the Plaintiff four times from June 23, 2015 to September 14, 2015.

In addition, the Defendant also paid the balance of the purchase price.

I asserted that “E and 2 others are collected in 174,200,000 regularly.”

Receipt in the name of the Plaintiff stated as “(B) No. 3, below.”