약정금
1. Of the judgment of the court of first instance, the part against the plaintiff corresponding to the money ordered to pay below shall be revoked.
The defendant.
1. Basic facts
A. On January 3, 2014, the Plaintiff agreed to sell each real estate listed in the separate sheet to C in the purchase price of KRW 1.2 billion, and the down payment of KRW 100 million on the date of the contract, the intermediate payment of KRW 300 million on January 27, 2014, and the remainder of KRW 800 million on March 3, 2014, and the Plaintiff agreed to receive any balance from C and deliver all necessary documents for the registration of transfer of ownership and cooperate in the registration procedure (hereinafter referred to as “instant contract”).
(2) The terms and conditions of the instant sales contract relating to the instant case are as follows.
·a contract shall be made on the basis of this subject matter on the date and in the present condition.
Any change in the indication of the register shall be made by the seller seven days before the remainder of the register.
· The transfer tax for the seller shall be adjusted by 50% by the purchase and sale.
B. 1) Accordingly, the Plaintiff received KRW 400,000,000 from C for the payment of the down payment and the intermediate payment, and thereafter, on March 3, 2014, the remainder payment date means the registration of changes in the indication of the register of each real estate listed in the separate sheet in accordance with the terms and conditions of the instant sales contract (attached Form 2).
The Plaintiff and C agreed on March 3, 2014 to adjust the balance of 800 million won within 15 days after the Plaintiff fulfilled a change in the indication of the registry (hereinafter “instant balance payment agreement”).
(2) On March 7, 2014, the Plaintiff completed a change in the indication of the registry on each real estate listed in the separate sheet.
3) After that, the Plaintiff and C dispute each other on April 8, 2014 as a matter of the payment of balance and the performance of ownership transfer registration. On the other hand, the purchaser of the instant sales contract on April 8, 2014, the Defendant and the purchaser of the instant real estate on the fourth-story neighborhood living facilities and the apartment housing of 10 households (No. 101, 201, 301, 301, 302, 303, 304, 401, 402, 403, and 404, hereinafter referred to as “instant real estate”).
After the change, the plaintiff was paid the balance of 80 million won on the same day, and the defendant.