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(영문) 청주지방법원 2021.01.21 2020가단23820
매매대금
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Determination on the cause of the claim

A. On August 19, 2013, the Plaintiff entered into a sales contract with the Defendant to sell KRW 90,000,000 of the purchase price (hereinafter “instant apartment”).

Then, on October 16, 2013, the Plaintiff completed the registration for the transfer of ownership as the receipt No. 17163 on the apartment of this case to the Defendant on the ground of the instant sales contract.

(Nos. 1 and 2)

B. Barring special circumstances, the Defendant is obligated to pay the Plaintiff the purchase price of KRW 90,000,000 and the delayed damages.

2. Judgment on the defendant's defense of payment

A. From August 5, 2013 to October 10, 2013, the Defendant transferred the purchase price pursuant to the instant sales contract to the EF account under the Plaintiff’s name or to the Plaintiff at the time of the sequence of cash payments under the instant sales contract (the original payment method) on August 5, 2013, 6,000,000 account transfer to the Plaintiff on August 5, 2013, 30, 000, 000 account transfer to the Plaintiff on August 7, 2013, 00, 000, 000 account transfer to the Plaintiff on August 9, 200, 00, 000, 00, 000, 000 account transfer to the Plaintiff on August 7, 2013, 200, 000, 000 account transfer to the account on August 7, 2013, 108, 3013

3. Judgment on the plaintiff's assertion

A. The Plaintiff’s remaining birth G was owned by the Plaintiff’s husband with an apartment in Gyeonggi-do’s name under the name of H, but attempted to sell an apartment to the Plaintiff’s husband (hereinafter “permission apartment”), and to sell an apartment to the Plaintiff.

As such, it is much possible to sell the apartment in the name of the plaintiff to the apartment in this case.

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