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(영문) 서울중앙지방법원 2018.11.14 2017나87700

매매대금

Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1...

Reasons

1. Basic facts

A. On February 6, 2017, the Plaintiff and C drafted a sales contract (hereinafter “instant sales contract”) stating that the seller, the buyer, the Defendant, the sales price of KRW 13,000,000 (no contract or intermediate payment was made, any balance of KRW 13,00,000), and the remainder payment date as of February 10, 2017, with respect to the building listed in the separate sheet owned by the Plaintiff (hereinafter “instant store”).

B. On February 7, 2017, C deposited KRW 1,300,000 to the Plaintiff as the down payment of the sales contract for the instant store, and indicated the deposit note as the Defendant.

C. On February 9, 2017, the registration of ownership transfer for the instant store was completed on the ground of sale as of February 6, 2017 in the Defendant’s future.

[Ground of recognition] Facts without dispute, Gap evidence 2, 3, Eul evidence 6-2, the purport of the whole pleadings

2. The parties' assertion

A. The Plaintiff’s assertion that the Plaintiff concluded a sales contract with the Defendant for the instant store and received KRW 1,300,000 for down payment. Therefore, the Defendant is obligated to pay the Plaintiff the remainder of the purchase price of KRW 11,700,000 and the delay damages therefor.

B. The Defendant’s assertion only entered into a contract with C on November 22, 2016 to exchange 16 stores of the 9th floor of the instant building with the land located in the territory of the Defendant, and it did not conclude a sales contract with the Plaintiff regarding the instant store.

The defendant is not the other party to the contract, and is not the other party to the contract.

3. Determination

A. The facts of recognition 1) On behalf of the Defendant, E, the father of the Defendant, around November 22, 2016, is the 16 store in C and the 9th floor of the instant D building, and the Pacific F, G land, and ground buildings owned by the Defendant (hereinafter “instant land real estate”).

B to exchange, and to prepare a sales contract for the subject matter of exchange as follows:

1. Matters concerning D stores: