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Reasons
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(영문) 창원지방법원 2015.11.12 2013가합4685
매매대금
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1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Facts of recognition;

A. On April 18, 2008, the Defendant purchased real estate listed in paragraph (1) of [Attachment 1] between the Plaintiff, etc. and the Defendant, in the purchase price of KRW 375,60,000,000 between the Plaintiff, etc. and the Defendant. The Defendant prepared a sales contract stating that the down payment of KRW 55,600,000 and the intermediate payment of KRW 200,000 shall be paid at the time of the contract, and the remainder of KRW 120,00,000 shall be paid after the designation of an industrial complex.

(B) The Defendant paid C the down payment of KRW 55,60,000 and intermediate payment of KRW 200,000,000 pursuant to the sales contract of this case. (2) The Plaintiff on March 18, 2008 between the Defendant and the Defendant on March 18, 2008, the Defendant purchased each real estate listed in Tables 2 and 3 of Attached 1. List 1.3 from the Plaintiff for the purchase price of KRW 130,00,000, and the intermediate payment of KRW 13,00,000 and the intermediate payment of KRW 27,00,000 shall be paid at the time of the contract, and the balance shall be determined as KRW 90,00,000 (the due date of payment under the contract is not specified).

2) The Plaintiff entered into a sales contract with the content of the contract (hereinafter “instant second sales contract”).

(B) As a matter of special agreement, the Defendant paid the Plaintiff KRW 13,00,000 for down payment and intermediate payment of KRW 27,00,000 to the Plaintiff pursuant to the instant sales contract, pursuant to the instant contract, pursuant to the instant contract, the amount of KRW 13,00,000 for down payment and the intermediate payment of KRW 27,00,00,000,000, to the effect that the said real estate is to be used as a place of business, including shipbuilding vessel and component parts (including a factory). Upon the buyer’s request, the seller and the buyer shall register the transfer after the designation of an industrial complex.

B. The Plaintiff, as indicated in [Attachment 1] Nos. 1 through 12 of [Attachment 2] between the Plaintiff, etc. and D, entered into a trade contract and the payment of the purchase price. D between D and D on March 18, 2008.

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