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(영문) 수원지방법원 성남지원 2018.02.06 2017가합401891
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. On December 4, 2012, the Plaintiff entered into a sales contract with the Defendant with respect to the purchase price of KRW 559,500,000 with respect to Kimpo-si 6,166 square meters (hereinafter “instant land”).

B. On January 8, 2013, the Plaintiff completed the registration of ownership transfer of the instant land to the Defendant.

[Ground of recognition] Facts without dispute, Gap evidence No. 1, Eul evidence No. 3, purport of the whole pleadings

2. The plaintiff asserted that the plaintiff was the seller of the land of this case and completed the registration of ownership of the land of this case to the defendant who is the buyer, but the defendant did not pay the price under the sales contract of this case.

Therefore, the Defendant is obligated to pay the Plaintiff the purchase price of KRW 559,500,000 and damages for delay.

3. The judgment of the court of this case is based on the following circumstances, i.e., a receipt of KRW 59,50,000 for the plaintiff's total purchase price to the defendant, ii) the seller's obligation to transfer ownership and the buyer's obligation to pay the remainder of the purchase price are in a simultaneous performance relationship in principle, and the seller's registration of ownership transfer is completed without having received the remainder of the purchase price from the buyer, as long as there is no special agreement for the buyer to pay the remainder of the purchase price. However, according to the appraiser D's appraisal result and the purport of the entire argument, the above receipt is recognized as the Plaintiff's seal imprint.

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