(영문) 서울중앙지방법원 2016.11.23 2016가단5056017

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(영문) 서울중앙지방법원 2016.11.23 2016가단5056017

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1. The defendant shall receive KRW 403,156,164 from the plaintiff and at the same time shall apply to the real estate stated in the attached sheet from the plaintiff.

Reasons

1. Facts of recognition;

A. On April 2, 2014, the Plaintiff purchased the real estate in the attached Form (hereinafter “instant apartment”) from the Defendant under the brokerage of A, an intermediary, and the sales contract written at the time is indicated as follows:

(hereinafter “instant sales contract”). The seller, at the same time, receives the balance of the purchase price from the buyer and at the same time delivers all documents necessary for the registration of the transfer of ownership to the buyer and cooperate with the buyer on March 31, 2016, while delivering the instant apartment on the date of the contract, and on March 31, 2016, the amount of KRW 10 million out of each remittance and intermediate payment, KRW 150 million,000,000,000,000,000,000 won on May 15, 2014, and KRW 380,000,000 on June 16, 2014.

If there is a default under this Agreement, the other party may notify in writing the person who has failed to perform the contract and cancel the contract.

B. Under the instant contract, the Plaintiff paid 120 million won to the Defendant the down payment, and paid KRW 100 million out of the intermediate payment on May 15, 2014.

C. C filed a report on a real estate transaction contract with respect to the instant sales contract on May 29, 2014 and entered the balance payment date into March 31, 2015.

However, on June 16, 2014, the Plaintiff paid only KRW 300 million among the rest part payments, but did not pay KRW 80 million.

[Ground of recognition] Evidence Nos. 2, 3, and 1 of Evidence Nos. 1, and the purport of the whole pleadings.

2. The assertion and judgment

A. The Plaintiff asserted that at the time of the instant sales contract, the Plaintiff and the Defendant set the remainder payment date as March 31, 2015, and the sales contract was written as March 31, 2016 as the broker’s actual number, and the Defendant is obligated to implement the registration procedure for transfer of ownership based on the instant sales contract as the remainder payment date has already expired.

As to this, the defendant set forth in the contract of this case.

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