매매대금
1. Revocation of a judgment of the first instance;
2. The plaintiff's claim is dismissed.
3. All costs of the lawsuit shall be borne by the Plaintiff.
1. The parties' assertion
A. On December 201, 201, the Plaintiff and the Defendant sold KRW 787 square meters of D forest and E forest and KRW 33 square meters of land (hereinafter “instant land”) to the Defendant, as a broker of the Seocho-gu, Gunsan, and agreed to pay KRW 115,00,000 out of the purchase price with the instant land loaned by the Defendant at a bank as collateral, and the remainder KRW 150,000,000,000, out of the purchase price, was paid to the Defendant as the money created by disposing of the Defendant’s right to sell the instant land.
Accordingly, on December 12, 201, the Defendant received the instant land as collateral at the Jeonbuk Bank, and paid the Plaintiff KRW 115,000,000,000, but did not pay the remainder of KRW 150,000. The Plaintiff is paid the remainder of KRW 150,000 until February 15, 2012. The Plaintiff completed the registration of ownership transfer on the instant land under the Defendant’s name on December 12, 201.
However, as the Defendant paid only KRW 50,000,00 to the Plaintiff via C on March 16, 2012, the Defendant is obligated to pay the remaining purchase price of KRW 100,000,000 and damages for delay.
B. The Defendant sold 11 of the right to sell the commercial buildings in the Seocho-gu Incheon Metropolitan City by paying 30,000,000 won per down payment, and disposed of 6 of them, and owned the remaining 5 of them.
Upon C’s solicitation, the Defendant: (a) purchased the instant land in KRW 265,00,000; and (b) assessed the said five sale rights as KRW 150,000 (per unit of KRW 30,000,000) and transferred the instant land to the Plaintiff; and (c) agreed that KRW 115,000,000, which is the difference, shall be paid by the Defendant to the Plaintiff by means of lending the instant land as collateral.
Accordingly, the Defendant shall deliver all documents necessary for the transfer of the commercial building sales right and the cancellation of the sales contract to the Plaintiff via C, and paid KRW 115,00,000 to the Plaintiff after obtaining a loan as security on December 12, 201, and then completing the registration of ownership transfer on the instant land.