logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울고등법원 2015.01.08 2014나2016133
매매대금
Text

1. The plaintiff (Counterclaim defendant)'s appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff (Counterclaim Defendant).

purport, purport, and.

Reasons

1. Facts of recognition;

A. On March 6, 2011, the Plaintiff purchased C forest land of 30,224 square meters in Chuncheon-si, the company mainly engaged in real estate sale, development, and sale, and completed the registration of transfer of ownership on May 4, 201 by dividing D forest land of 8,947 square meters, E, 6,298 square meters in forest land, and 4,036 square meters in F forest land (hereinafter the above forest land shall be abbreviated with its parcel number) into the aforesaid forest land.

B. On May 1, 2011, the Plaintiff sold to the Defendant the share of KRW 1653/8 and 947 in D forest amounting to KRW 50 million. On July 1, 2011, the Plaintiff completed the registration of ownership transfer on the ground of sale on June 1, 201.

C. On June 2, 2011, the Plaintiff and the Defendant concluded a sales contract with the Plaintiff to purchase F forest land from the Plaintiff in KRW 264,270,00,000, and entered into the sales contract. The said sales contract stipulates that the down payment shall be paid at the same time as the contract is made. However, the remainder amount of KRW 254,270,000, without stating the date of the payment, was left in blank.

On June 7, 2011, the Defendant paid the Plaintiff the down payment of KRW 10 million, and on July 1, 2011, the Plaintiff completed the registration of ownership transfer for the portion of KRW 4,033/4,036 out of the above F forest due to sale on June 1, 2011, and on July 7, 201, for the remainder of KRW 3/40,036 out of the above forest, on June 23, 2011.

E. Meanwhile, around June 201, the Defendant received a proposal from the Plaintiff to purchase KRW 61785 square meters of G forest in Chuncheon City (hereinafter “G forest”) and paid KRW 150 million to the Plaintiff on June 21, 201 and paid KRW 100,000 to the Plaintiff with money borrowed from the Gwangju District Livestock Farming Cooperative, and paid KRW 50,000,000 to the Plaintiff on June 21, 201, but the conclusion of a sales contract for G forest was displayed due to the seller’s circumstances.

F. As above, the Defendant received a loan from a financial institution and invested in G forest land, and the said investment case was displayed, and interest on the loan accordingly.

arrow