부동산매매대금
1. Revocation of the first instance judgment.
2. From September 21, 2007 to May 3, 2016, the Defendant: (a) KRW 14 million to the Plaintiff; (b) and (c) as to the Plaintiff.
1. The following facts may be recognized in accordance with the respective entries and arguments of Gap 1-3 (including branch numbers, if the party has a serial number; hereinafter the same shall apply) without dispute between the parties, or in accordance with the purport of the whole pleadings:
On January 17, 2007, the Plaintiff and the Defendant indicated that the Plaintiff sold the Plaintiff’s 42 square meters, D 751 square meters, E, E, 819 square meters, F, F, 152 square meters, and all of the above-mentioned land to the Defendant at KRW 125 million. The payment due date of the down payment of KRW 25 million shall be January 17, 2007, and the remainder of KRW 100 million shall be paid on February 28, 2007 (hereinafter “instant sales contract”). The Plaintiff entered the lower part of the instant sales contract into a sales contract, “F and C shall deduct KRW 14 million from the above sales contract, in order to receive special measures as a relation within which the name transfer was known and the sales price after inheritance.”
B. On September 20, 2007, registration of ownership transfer in the name of the Defendant was completed in accordance with the former Act on Special Measures for the Registration, etc. of Ownership of Real Estate (Act No. 7500), and on March 19, 2007, each registration of ownership transfer in the name of the Defendant was completed in relation to the size of 751 square meters and E 819 square meters, which was owned by the Plaintiff. As for the FF that was owned by G, the registration of inheritance in the name of H was completed on July 23, 2007, and the registration of ownership transfer in the name of the Defendant was completed on September 20, 2007.
C. According to the instant sales contract, the Plaintiff received respectively KRW 25 million from the Defendant on January 17, 2007, and KRW 86 million out of the remainder on March 19, 2007.
2. According to the above facts finding as to the cause of claim, it is reasonable to view that the payment date of KRW 14 million, which is the remainder under the instant sales contract, has arrived on September 20, 2007, when the registration under the name of the defendant was made with respect to the remaining 14 million square meters under the instant sales contract, at the latest, in accordance with the statement at the bottom of the instant sales contract. Thus, the defendant is the plaintiff as the above KRW 14 million and the above payment date thereafter.