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1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
Purport of claim and appeal
1..
Reasons
1. Basic facts
A. On June 201, the Plaintiff sold the purchase price of KRW 280,000,000 (the contract amount of KRW 5,000,000,000 at the time of the contract, and the balance of KRW 275,00,000 at the time of the contract) to the Defendant of Incheon Strengthening-gun C Forest and Forest (hereinafter “the instant forest”) at KRW 10,116,00 (the payment on August 10, 201).
B. On August 26, 2011, the Plaintiff and the Defendant agreed to change the amount and date of the purchase price of the above sales contract as follows, and newly drafted a sales contract (Evidence B No. 1) (Evidence B).
(hereinafter “instant modified contract”). (1) Sales amount: 210,00,000 won: 23,500,000 won for down payment: 3) Balance 190,000,000 won for the remainder of 190,000 won for the contract at the time of the contract; and 20% for the remainder of 190,000 won for the remainder of September 23, 2011 (20% damages for late payment per annum when the remainder of the payment exceeds the remainder of the payment period) [No dispute over the grounds for recognition, Gap’s evidence, and Eul’s evidence No. 1, 2, and 1,
2. The parties' assertion
A. The Plaintiff’s assertion that the Plaintiff received only KRW 197,00,000 out of the purchase price of the instant forest as KRW 210,000,000, and filed a claim with the Defendant for KRW 13,000,000 for the unpaid purchase price.
(The plaintiff alleged that only KRW 197,00,000 out of the initial sales contract was paid in the first instance court (280,000,000,000), but in the first instance court, the above primary argument seems to have been withdrawn.
The Defendant asserted that the Defendant had already paid to the Plaintiff the amount exceeding KRW 210,000,000 for the purchase price of forest land of this case.
3. Determination
A. Unless otherwise agreed that the registration of ownership transfer for real estate, which is the object of sale, has been completed before the payment of remainder at the time of a sales contract, it is general to conduct the registration of ownership transfer in repayment of remainder, and it is extremely common to conduct the registration of ownership transfer prior to the payment of remainder, unless otherwise agreed. Therefore, it is extremely common to conduct the registration of ownership transfer prior to the remainder payment.