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(영문) 부산고등법원(창원) 2014.05.29 2011나3933

매매대금

Text

1. On the basis of the Plaintiff’s primary claim added at the trial, the Defendant is KRW 520,000 and KRW 200,000 among the Plaintiff.

Reasons

1. Basic facts

A. On June 13, 2003, the Plaintiff entered into a contract with the Defendant to sell (a certificate No. 2 of this case; hereinafter “instant sale”) 3,300 square meters (which was divided into each real estate listed in No. 1, 2, 4, and 5 of the attached Table No. 1, 4, and 5) and 122 square meters (attached Table No. 3 of the attached Table No. 3) prior to C in price to the Defendant at KRW 200 million.

On June 16, 2003, the Plaintiff completed the registration of ownership transfer for the Defendant on the ground of sale.

B. On June 22, 2010, the area of 3,300 square meters prior to Doo-si was divided into each real estate listed in the attached list Nos. 1, 2, 4, and 5 of the real estate.

(hereinafter referred to as "attached Form No. 1" when the real estate listed in the list of real estate is individually named, and the real estate in this case shall be referred to as "the real estate in this case").

B. On June 30, 2010, the Defendant entered into a contract on the acquisition of public land (the date on which each compensation is received is June 30, 2010) that transferred real estate Nos. 1, 33, 2010 to KRW 215,828,000 on the total compensation for losses. On July 7, 2010, the Defendant completed the registration of ownership transfer on the ground of this. ② On November 14, 2011, the Defendant entered into an agreement on the acquisition of public land (the date on which compensation is received) that transferred real estate No. 213,372,00 won on the compensation for losses (the date on which the compensation is received) and completed the registration of ownership transfer on the ground of this. < Amended by Presidential Decree No. 23283, Nov. 18, 2011>

On September 7, 2012, the Defendant sold real estate No. 5 of [Attachment 5] to H KRW 3,950,000,000 to H. On October 11, 2012, the registration of ownership transfer was completed by reason of this. On July 18, 2013, the Defendant sold the real estate No. 4 of [Attachment 1] to I and J for KRW 300,000,000, and completed the registration of ownership transfer by reason of this.

On February 28, 2011, the Plaintiff filed a claim with the Defendant for the payment of KRW 120,000,000 out of the instant purchase price, and the Defendant continued to be in trial on July 11, 2012.