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(영문) 광주지방법원순천지원 2019.04.10 2018가단78265

매매대금

Text

1. All of the plaintiff's claims are dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. A. Around June 2013, the Defendant entered into a contract with the Plaintiff for new construction of a detached house owned by the Defendant on the ground of the leisure city D, and the Plaintiff transferred the said house to the Defendant without performing part of the capital, etc. around December 30, 2013.

B. On March 24, 2015, the Plaintiff entered into a sales contract with the Defendant to sell 3/4 shares (hereinafter “instant real estate”) out of 60.2 square meters in the amount of money owned by the Plaintiff at KRW 15.9 million (hereinafter “instant sales contract”). On March 24, 2015, the Plaintiff completed the registration of ownership transfer stated in the purport of the claim regarding the instant real estate (hereinafter “instant registration of ownership transfer”).

C. Meanwhile, at the same time, the Plaintiff and the Defendant entered into the instant sales contract and entered into a payment contract for transfer of ownership (hereinafter “instant payment contract”) with the following terms:

Subject matter: The Plaintiff, as the instant real estate constructor, is paid after the completion of the construction of liability for the additional construction of the Defendant’s building.

The purchase price of KRW 15,90,000 for the transfer of ownership of the instant real property is agreed to pay the remainder to the Plaintiff after paying the price for the items of additional construction for the Defendant’s housing property. Additional items of construction: Installation of Seodaemun and attachment of Seodaemun, Mail

D. The Plaintiff did not perform all additional construction works, such as installation of the Seodaemun as stipulated in the instant payment contract (hereinafter “instant additional construction works”) until the date of the closing of argument.

E. Meanwhile, on April 7, 2015, the Defendant paid the Plaintiff KRW 5 million out of KRW 15.9 million, but did not pay the remainder KRW 10.9 million.

[Ground of recognition] Facts without dispute, Gap 1 evidence, Gap 2 evidence, Eul 1 to 3 evidence, the purport of the whole pleadings

2. Judgment as to the main claim

A. The Plaintiff’s assertion that the Plaintiff claimed the payment of the remainder KRW 10.9 million.