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(영문) 부산고등법원 2016.04.14 2015나4283

매매대금반환

Text

1. Revocation of a judgment of the first instance;

2. In accordance with the claim extended at the trial, the defendant shall be KRW 140,000,000 to the plaintiff.

Reasons

1. Basic facts

A. On July 21, 2012, the Plaintiff purchased KRW 165 square meters (50 square meters) out of KRW 23,304 square meters (50 square meters) from the Defendant, the Plaintiff entered into a sales contract with the Defendant on July 21, 2012, with the purchase price at KRW 87,50,000 (Provided, That the Defendant agreed, however, at a discount rate of 3% when the Plaintiff early payment of the purchase price by the 25th of the same month), without setting the date, the Plaintiff divided the entire land of the above C into the ownership transfer registration after receiving the ownership transfer registration under the Defendant’s name, and then entered into a sales contract (the first sales contract) with the Defendant,

After that, until July 26, 2012, the Plaintiff paid 84,875,000 won at a discount of 3% of the above purchase price to the Defendant, thereby paying the full purchase price.

B. On July 26, 2012, the Plaintiff purchased the purchase price of KRW 90,00,000,000 from the Defendant for KRW 2,304,000,000,000 for KRW 52,50,000,000,000 for KRW 2,304,000,000,000,000,000 for KRW 165,00

8.9. Prior to the early payment, the agreement was made at a discount of 3% of the purchase price.

In addition, without setting the date, the transfer of registration was first divided after the registration of ownership transfer for the entire land of the above land of the defendant, and then the new lot number equivalent to the above area was transferred to the plaintiff's name (the second sale contract, the second sale contract, the second sale contract, the second sale contract, and the second sale contract collectively referred to as the "each sale contract of the above case".

B entered into an additional agreement with the Defendant.

After that, until August 8, 2012, the Plaintiff paid 50,925,000 won at a discount of 3% of the above purchase price to the Defendant, thereby paying the full purchase price.

C. However, the Plaintiff, who delayed the Defendant’s transfer registration procedure, resisted the Defendant, and at the time of July 23, 2013, resisted the Defendant.