매매대금
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. According to the evidence evidence No. 1, the fact that the Plaintiff and the Defendant, on December 2, 2013, signed an agreement on the reservation of real estate sale and purchase (hereinafter “instant agreement”) with respect to the land in Yongsan-si, Changwon-si (hereinafter “instant land”) on December 2, 2013 may be acknowledged as having been prepared by the following summary.
A: Defendant 1: A shall make a promise to sell the land of this case to Party B at KRW 325,00,000 in price, and Party B shall accept the promise.
Of the above amounts, KRW 100,000 has been paid in advance. Section 2 of this Agreement shall be deemed to have been completed as a matter of course on the date of completion of the sale and purchase of this Agreement on the date of 2013, and on the date of completion, on the date of completion, on the date of completion, on the date of completion of the sale and purchase.
Article 3:When the sale and purchase is completed pursuant to Article 2, the sales and purchase contract for the above real estate between Gap and Eul shall be concluded, and Gap shall receive the price under Article 1 from Eul and simultaneously implement the procedure for the registration of ownership transfer due to the sale and purchase of the above real estate and deliver and order the real estate to Eul.
2. The Plaintiff’s promise to sell and purchase under the instant agreement was at least constituted a sales contract on December 31, 2013.
Nevertheless, the Defendant did not pay 325,000,000 won at all.
The instant agreement was not actually paid KRW 100,000,000, stated as if the Defendant paid to the Plaintiff.
Therefore, the purchase price of KRW 50,000,000, which is a part of the purchase price of KRW 325,000,000, and damages for delay are claimed.
3. In light of the following facts, the conclusion of the instant agreement alone is insufficient to acknowledge that the Plaintiff and the Defendant entered into a sales contract to sell the instant land to the Defendant, as alleged by the Plaintiff, in light of the overall purport of the Plaintiff’s argument and the statement in subparagraphs 1 through 6.