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(영문) 광주지방법원 2020.08.11 2019가단506867
매매대금
Text

1. As to the real estate stated in the separate sheet from the Plaintiffs, the Defendant is based on sale and purchase on September 25, 2017.

Reasons

1. On September 25, 2017, the Defendant’s mother, the Defendant’s mother, drafted a sales contract to purchase KRW 372,00,00 (hereinafter “instant sales contract”) the sales right of the apartment unit G (the indication of real estate after the completion of construction of the instant apartment complex is as indicated in the attached Table; hereinafter “instant apartment complex”) in the apartment unit G in the Dong-dong neighborhood living facilities (hereinafter “instant apartment complex”) from the Plaintiffs in the name of the Defendant.

According to the instant sales contract, the Defendant paid the remainder of KRW 186,00,000 to the Plaintiffs on the date of salesroom occupants, and the Defendant did not pay it up to now.

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

2. Determination as to the cause of action

A. The Defendant’s purchase of the right to sell the instant commercial building is as seen in the foregoing basic facts, and according to the evidence Nos. 1, 2, and 3, the fact that the Defendant purchased the right to sell the instant commercial building on behalf of the Plaintiffs, H (hereinafter “H”) sent text messages informing the Defendant that the Plaintiff would pay the balance by September 5, 2018 and September 21, 2018.

Therefore, the defendant is obligated to pay the remaining 186,00,000 won to the plaintiffs.

(b)The extent of the offer to be made by the parties can be reasonably determined in a manner that does not violate the good faith principle, depending on the time and specific circumstances of the offer to the parties, as the strict request for the provision of performance of the parties' obligations in a bilateral contract for delay is concerned, and the seller's obligation to take procedures for the transfer of ownership and to pay the buyer's balance of purchase and sale.

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