청구이의
1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
Purport of claim and appeal
1...
1. The facts subsequent to the facts do not conflict between the parties, or can be acknowledged by comprehensively taking account of the respective descriptions and arguments of Gap evidence 1-3, Gap evidence 3-9, Gap evidence 16-2, Eul evidence 1-4, and the whole purport of the arguments.
On January 3, 2015, the Plaintiff concluded a sales contract with the Defendant for the purchase of KRW 201, 206, and 207 (hereinafter referred to as “instant hospital”) of the second floor of the Seo-gu Seoul Building (hereinafter referred to as the “instant building”) in Seo-gu, Chungcheongnam-si (hereinafter referred to as the “instant building”) as indicated below (hereinafter referred to as “instant sales contract”), and paid KRW 10,000,000 on January 15, 2015 and KRW 10,000 on March 31, 2015 to the Defendant as the down payment.
[Attachment 1] Of the total purchase price of KRW 2.2 billion, - The down payment of KRW 100 million shall be paid up to February 28, 2015; - The intermediate payment shall take over the existing loan obligations and the Defendant’s obligations, the buyer; - The remainder of KRW 430 million shall be paid to the Defendant by consultation on the date of payment (30% of the hospital net income up to the date of payment).
B. On May 4, 2015, the Plaintiff and the Defendant drafted the instant notarial deed with the same content as the following [Attachment 2] concerning the instant sales contract.
[Attachment 2] The Plaintiff bears the obligation of KRW 600 million against the Defendant on May 4, 2015 and pays in installments as follows:
- 1: 80 million won on May 8, 2015 (Provided, That the payment shall be made until February 29, 2016, in cases where loans have not been executed by agricultural cooperatives carried forward) - 2: KRW 100 million on February 29, 2016 (Provided, That the payment shall be made immediately upon the execution of the first loan after the loan approval was granted before the said date) - 3: June 3: 40, 2017, when the Plaintiff delays the payment of the said installment at least once, the Plaintiff must naturally lose the benefit based on the above debt and immediately repay the remainder of the debt, even without any other notification or peremptory notice from the Plaintiff.
When the Plaintiff did not perform the above monetary obligation, the Plaintiff recognized that there was no objection even if compulsory execution was conducted immediately.
(c).