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(영문) 서울중앙지방법원 2016.04.05 2016가단19907

매매대금

Text

1. The Defendant’s KRW 100,000,000 as well as 5% per annum from May 16, 2006 to January 21, 2016 to the Plaintiff.

Reasons

1. The facts of recognition: (a) on December 20, 2005, the Plaintiff entered into a sales contract with the Defendant on December 20, 2005, under which the Plaintiff would sell 19.075 percent (hereinafter “instant real estate”) out of Gyeonggi-gun B 10,39 square meters of forest land (hereinafter “the instant real estate”) in KRW 100 million; (b) on May 15, 2006, the Plaintiff entered the purchase price into an agreement to receive payment on December 30, 2005 (hereinafter “instant sales contract”); and (c) completed the registration of ownership transfer on December 29, 2005 with respect to the instant real estate on December 29, 2005, the Defendant entered the said registration of ownership transfer into the agreement with the Plaintiff on December 29, 2005, in which the Plaintiff would pay KRW 100 million of the instant real estate purchase price to the Plaintiff not later than May 15, 2006 (hereinafter “each of this case”).

2. Determination

A. According to the above facts, the Defendant is obligated to pay the Plaintiff KRW 100 million of the instant real estate purchase price and its delay damages in accordance with the instant sales contract and the instant payment note.

B. On June 2004, the Defendant asserts that the Plaintiff purchased the instant real estate at KRW 50 million, and thereafter, around July 3, 2004, the Defendant would sell the instant real estate at KRW 200,000 per square meter at the time of completion of the pertinent site development authorization. As such, the Defendant asserts that the instant real estate purchase price should be re-calculated as KRW 50,000,000, which is the first purchase price of the Plaintiff.

However, in light of the fact that the instant sales contract and the instant letter of rejection of the instant payment made between the Plaintiff and the Defendant, it is difficult to view that the instant real estate sales price should be re-calculated solely on the sole basis of the Defendant’s assertion, and there is no other evidence to support this.

The defendant's assertion.