logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대전지방법원논산지원 2019.02.13 2018가합114
매매대금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. The defendant is a person who runs real estate brokerage business.

On October 30, 2015, the Defendant: (a) sold 380,90,000 Y (hereinafter “instant real estate”); (b) 38,090,000 won per contract date, 38,090,000 won per contract; and (c) concluded a contract to pay 76,180,00 won for intermediate payment once on November 30, 2015; (d) twice intermediate payment of KRW 76,180,00 on December 21, 2016; and (e) twice intermediate payment of KRW 76,180,000 on March 21, 2016; and (e) concluded a contract to pay the remainder of KRW 152,360,00 at the designated date.

B. On March 11, 2016, the Defendant: (a) sold to the Plaintiff the right to sell the instant real estate to the Plaintiff; (b) concluded a sales contract with the Plaintiff to pay the remainder of KRW 345,000,000 to the Defendant on March 11, 2016; and (c) concluded that the Plaintiff would pay the remainder of KRW 345,000,000 to the Defendant on March 31, 2016.

(2) On March 11, 2016, the Plaintiff paid KRW 192,640,000 out of the remainder on April 7, 2016, and KRW 192,640,000 to E on April 7, 2016. The Defendant paid KRW 134,517,015 of the unpaid amount out of the first and second intermediate payments to E on April 7, 2016.

Since then, with respect to the instant real estate between the Plaintiff and E, the Plaintiff was the purchaser, and the same sales contract was formulated retroactively as the sales contract specified in the said paragraph as of October 30, 2015.

C. On March 15, 2016, the Defendant prepared a written confirmation to the Plaintiff that “the sales and purchase of the instant real estate shall be confirmed within six months from the balance date,” and on April 7, 2016, the Defendant stated to the effect that “the Defendant, within six months from the balance date, sold the instant real estate without any condition,” and that “the Plaintiff, on April 7, 2016, did not sell the instant real estate to the Plaintiff.”

On June 29, 2016, the Plaintiff paid all remainder to E. The Plaintiff completed the registration of ownership transfer in its name under the name of the Daejeon District Court Hongsung Branch on June 29, 2016, which received on June 29, 2016.

The Plaintiff’s transfer of ownership constitutes the instant case after the registration.

arrow