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(영문) 대구지방법원포항지원 2019.05.28 2018가단3739

매매잔대금

Text

1. The Defendant shall pay to the Plaintiff KRW 160,00,000 and the interest rate of KRW 15% per annum from July 20, 2018 to the day of full payment.

Reasons

1. Case summary and key issue

A. On July 25, 2017, the Plaintiff (seller) and the Defendant (Buyer) drafted a sales contract (hereinafter “instant contract”) with respect to the land and its ground (hereinafter “the instant building” and “the instant real estate”) in North-gu, North Korea as indicated in the attached Table 1, with respect to the instant real estate, as indicated in the following: (a) on the ground of this, on August 7, 2017, the registration of ownership transfer was completed in the Plaintiff’s future; (b) on the instant contract, KRW 580,000,000 out of the purchase price (or the appraised value of the instant real estate) 740,000,000,000 won, 50,0000 won as collateral obligation on the instant real estate, and KRW 80,000,000,000 as collateral obligation on the date when the agreement was not reached between the Defendant and the Defendant’s remaining 400,000 won on the date when the agreement was not reached.

B. Accordingly, the Plaintiff seek against the Defendant for payment of the remaining purchase price of KRW 160,000,000 and damages for delay on the contract of this case.

On the other hand, at the time of July 25, 2017, the Defendant acquired the ownership of the instant real estate, the net value of which is equivalent to KRW 160,00,000,000, excluding the portion of succession of obligation, as seen earlier, in lieu of the repayment of the claim for construction price against the F Co., Ltd., Ltd., the Defendant’s husband D, the representative director of which is the Defendant’s husband, as of July 25, 2017, and thus, “the instant building was trusted in trust by the instant company in the name of the Plaintiff, and the Plaintiff, the title trustee,