(영문) 인천지방법원 2018.12.05 2018가단21097

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(영문) 인천지방법원 2018.12.05 2018가단21097

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. Basic facts

A. On June 2, 2008, the Plaintiff: (a) sold KRW 931m2 and KRW 391m20,000 (the contract amount of KRW 200,000,000 in the intermediate payment shall be paid at the time of the contract; (b) KRW 80,000,000 in the intermediate payment shall be paid each balance on June 16, 2008, and KRW 50,000,00 in the intermediate payment shall be paid each balance on June 25, 2008, and KRW 50,000 shall not be designated as KRW 50,000,000 in the intermediate payment, as the following special agreement (hereinafter “instant contract”).

Matters of special agreement

1. The location of the land under this contract shall be the location on which the seller and the purchaser have consulted;

2.The seller will immediately carry out the following special agreement after the receipt of the intermediate payment, and the buyer will pay the balance and the seller will make separate registration to which a parcel number is given on the land of this contract after the boundary surveying.

3. A seller shall adjoin the land under this contract, construct a natural stone shed at the front entrance, and open and pack a road 4 meters wide in width.

except that the road area is not included in the area of this contract.

4.The seller shall complete the civil engineering works immediately so that it can be constructed on the land under this contract.

The height of the site shall be the same as the road to be established by the seller, and the earth and sand shall not flow out by piling up the embankment on the back side boundary.

5. The seller shall obtain a building permit for neighborhood living facilities in the name of the purchaser of land under this contract within six months after the receipt of part payments.

6.All expenses to implement the matters of paragraphs 2 through 5 shall be borne by the seller.

B. According to the instant sales contract, the Plaintiff, the agent of D, who did not perform the matters of transfer of ownership and special agreement, even though the Defendant paid a total of KRW 150,000,000 to the intermediate payment, has transferred ownership to the Defendant on May 22, 2009 and June 29, 2009.

유사 판례

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-서울동부지방법원 2016.07.26 2014가합5973

-대구고등법원 2016.03.02 2015나1414