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(영문) 서울고등법원 2016.05.12 2015나4216

매매대금

Text

1. The judgment of the court of first instance (excluding the part invalidated by the reduction of claim in this court) shall be revoked.

2. The plaintiff and the plaintiff.

Reasons

1. Basic facts

A. (1) The Plaintiff and B were divided into a certain part of the land 8,086 square meters (around G forest 8,086 square meters) among the land owned by D, E, and F on September 3, 2003, which were owned by D, E, and F, and the Plaintiff and B were divided into G forest 8,086 square meters;

hereinafter referred to as “instant land”).

A) The sales price was determined as KRW 1,223,00,000. At the time, the instant land was located within the land transaction permission zone. (2) On May 15, 2004, the Defendant agreed to pay KRW 170,000 for the intermediate payment of KRW 550,000,000 on May 31, 2004, when the Plaintiff and B purchased the instant land from the Plaintiff at KRW 1,712,20,000.

However, the Plaintiff, B, and the Defendant: (a) indicated the Plaintiff and B as the seller, the owner of the instant land, and two other persons; and (b) indicated the Plaintiff and B as the seller’s agent.

(3) On February 15, 2005, the Defendant is obliged to pay KRW 489,250,000 out of the balance under the instant sales contract to the Plaintiff and B during March 2005 (hereinafter “instant payment note”). The Defendant is obliged to pay the Plaintiff and B the balance under the instant sales contract (hereinafter “instant payment note”). The amount of the claim under the instant payment note is “the instant claim” and “the instant claim amount.”

(4) On January 31, 2012, the instant land was released from the land transaction permission zone, and thereafter B, around November 2, 2012, drafted a written confirmation to the Plaintiff that the Plaintiff waives all rights related to the remainder under the instant sales contract.

B. The Plaintiff filed the instant lawsuit seeking payment of KRW 489,250,000 of the claim amount of this case and delayed payment damages to the Defendant. The first instance court served the Defendant with a copy of the instant complaint and notice of the date of pleading by public notice, etc., and subsequently rendered a favorable judgment of the Plaintiff on October 21, 2014.