logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 광주지방법원 2020.06.19 2019가단4392
매매대금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts and the summary of both parties' arguments

A. On March 4, 2009, the Plaintiff entered into a sales contract with the Defendant on March 4, 2009, with respect to C Forest land of 5,355 square meters, D Forest land of 4,066 square meters, E forest land of 7,736 square meters (hereinafter “each of the instant real estate”). The Defendant completed each of the instant real estate transfer registration, each of the instant real estate as the grounds for the instant sales contract, with respect to the Gwangju District Court of Gwangju District as the receipt of receipt No. 3452 on March 9, 2009.

At the time of the conclusion of the instant sales contract, the part of the “sale price” and the “contract price” portion, respectively, are indicated as “60,000,000 won,” and the seal of the Plaintiff is affixed to the part of the “permanent box.”

The Defendant paid KRW 10,000,000 to the Plaintiff as the purchase price pursuant to the instant sales contract at the time of the conclusion of the instant sales contract.

[Reasons for Recognition] Facts without dispute, Gap evidence 1, 4, Eul evidence 1, 3, and 5 (including additional numbers), the purport of the whole pleadings

B. A summary of both parties’ assertion (1) Although the sales price pursuant to the instant sales contract was KRW 60,000,000,000 among them, the Defendant paid KRW 10,000 among them, and did not pay KRW 50,000,000 for the remainder of the sales price.

Therefore, the Defendant is obligated to pay to the Plaintiff the remainder of the purchase price of KRW 50,00,000 and damages for delay from March 9, 2009 to the date of full payment, which the Defendant completed the registration of ownership transfer concerning the instant real estate.

(2) Although the actual purchase price pursuant to the instant sales contract’s summary is KRW 10,000,000, the sales contract is merely 60,000,000 in order to obtain a loan for policy funds.

Since both the Plaintiff and the actual purchase price of KRW 10,000,000 are paid, the Plaintiff cannot comply with the Plaintiff’s claim.

2. Determination

A. Therefore, this case’s sales contract is concluded.

arrow