부당행위에대한 매매대금잔금 등
1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
The purport of the claim and appeal is the purport of the appeal.
1. The Plaintiff, around August 2013, sold the price of KRW 25 million to the Defendant for KRW 2,231 square meters prior to Seocheon-gun, Seocheon-gun, Gangwon-do, the Defendant is obligated to pay the Plaintiff the remainder after subtracting the price of KRW 10,200,000 paid by the Plaintiff out of the above purchase price, unless there are other special circumstances.
2. Judgment on the defendant's defense, etc.
A. The defendant, according to an agreement with the plaintiff, paid the survey design cost and construction cost for the construction of roads leading to the plaintiff's land on behalf of the plaintiff, in lieu of the payment of the above purchase balance, the defendant cannot respond to the plaintiff's claim.
According to the overall purport of the testimony and arguments by the witness F of the trial of the party, the defendant, upon agreement with the plaintiff, paid the survey design cost and construction cost necessary for opening access roads to other land owned by the plaintiff to D Co., Ltd and E from October 2013 to February 2014 in lieu of the payment of the remaining purchase price of 14.8 million won. Thus, the defendant's defense is justified.
B. As to this, the Plaintiff asserted that the Defendant paid the design cost or construction cost to D Co., Ltd., by setting up access roads to the Plaintiff’s land instead of paying the above purchase price of KRW 14.8 million. However, since access roads to the Plaintiff’s land were not opened, it is insufficient to accept the Plaintiff’s obligation to open such access roads. Thus, the Plaintiff’s assertion is without merit.
3. Thus, the plaintiff's claim is dismissed as it is without merit, and the judgment of the court of first instance is just in conclusion, and the plaintiff's appeal is without merit.