소유권이전등기 등
The defendant's appeal is dismissed.
Expenses for appeal shall be borne by the defendant.
Purport of claim and appeal
purport.
1. The following facts may be found either in dispute between the parties or in full view of the purport of the entire pleadings in Gap evidence Nos. 2, 3, and 12 (including paper numbers; hereinafter the same shall apply):
While the Plaintiff, on February 13, 2018, intended to purchase the instant land from the Defendant on the water surface for the Sejong Deputy Business, on February 13, 2018, the Plaintiff agreed to purchase the instant land from the Defendant for KRW 640 million. The name of the buyer under the sales contract between the Defendant and the Defendant is D, the Plaintiff’s husband, and the sales price is KRW 50 million, and the intermediate payment is KRW 50 million on the date of the contract, and the intermediate payment is paid at KRW 250 million on March 13, 2018, and the remainder is paid at KRW 250 million on April 13, 2018, respectively, and at the time of the payment of the remainder, the registration of the creation of a neighboring land of this case and the registration of the creation of a superficies under the Defendant’s responsibility, and the payment of KRW 140 million is made separately.
B. On March 13, 2018, the Plaintiff paid the intermediate payment to the Defendant to include the intermediate payment in the balance, and drafted a sales contract in which the buyer’s name was changed from the above D to the Plaintiff.
(hereinafter referred to as “instant sales contract,” in total, of the initial sales contract and the revised sales contract.
The Plaintiff paid a total of KRW 310 million to the Defendant, including KRW 50 million on February 13, 2018, KRW 200 million on March 12, 2018, KRW 40 million on April 12, 2018, KRW 300 million on April 13, 2018, and KRW 23 million on April 13, 2018.
2. Determination on the cause of the claim
A. The plaintiff alleged by the parties as above 1.C.
As seen in the above, in addition to paying KRW 313 million to the Defendant with the land price in cash, the Defendant additionally pays KRW 77 million in total, including KRW 14 million on February 13, 2018 and KRW 63 million on March 10, 2018. As such, the unpaid amount is claimed to be KRW 250 million [=640 million - KRW 313 billion - KRW 63 million), the Defendant’s implementation of the procedure for the ownership transfer registration of this case with respect to the land in cash, the establishment of mortgage of this case and the settlement of mortgage.