양수금
1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
The purport of the claim and appeal is the purport of the appeal.
1. The remainder of KRW 172 million (payment in April 13, 201) of the intermediate payment of KRW 100 million (payment in December 30, 201) recognized as an intermediate payment of KRW 172 million (a special agreement) (Payments in April 13, 201);
3. Conditions that roads be opened at a distance of four meters and complete asphalt containers or cement packaging, as seen in a provisional partition;
7. Clause (3) of the special agreement shall be a condition completed prior to the payment of any balance.
A. On December 14, 2010, C entered into a contract with the Defendant to sell KRW 1,097 square meters out of KRW 2228 square meters (hereinafter “the land before subdivision”) prior to D, Pju-si (hereinafter “instant contract”) to the Defendant for KRW 332 million,000,000,000 (hereinafter “instant contract”). The main contents are as follows. On the same day, C received down payment KRW 60 million from the Defendant.
5. The instant purchase price shall be paid after the division of land and the completion of access road (6m).
B. On January 28, 2011, C and the Defendant entered into the instant additional agreements and amendments thereto (Evidence A 8; hereinafter “instant additional agreements”) with the following terms and conditions.
C. On April 6, 2011, the land before subdivision was divided into 1,018 square meters prior to D, E, 918 square meters prior to E, and 292 square meters prior to F. D.
C On May 18, 2011, upon receiving KRW 250 million from the intermediate payment and remainder of the sales price in this case, C completed the registration of transfer of ownership with respect to shares 79/292 out of 10,010 square meters and 292 square meters prior to Pakistan-si and the Defendant on the same day.
E. On October 17, 2018, the Plaintiff entered into a contract with C to acquire KRW 22 million out of the instant purchase price, and completed the notification to the Defendant on behalf of C.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1-5, the purport of the whole pleadings
2. The assertion and judgment
A. The gist of the parties’ assertion 1) The Plaintiff claimed payment of KRW 22 million and delay damages against the Defendant, the buyer, as the transferee of the purchase price of this case. The Defendant asserted that the Defendant could not respond to the Plaintiff’s claim for the following reasons.
① The C and the Plaintiff.