(영문) 수원지방법원 2018.07.13 2017가합22431

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(영문) 수원지방법원 2018.07.13 2017가합22431

매매대금

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1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

1. Basic facts

A. The Plaintiff sold D Apartment E (hereinafter “instant apartment”) to Defendant B on March 22, 2011, and the ownership transfer registration was completed on March 22, 201. On February 24, 2011, the grounds for registration on the register is KRW 830 million.

(hereinafter referred to as the “instant trade”). B.

The instant sales contract states that the purchase price shall be KRW 830 million, and the down payment shall be KRW 350 million,00,000,000,000,000,000 on February 24, 201, which is the date of the contract, and the balance shall be KRW 480,000,000,000,000,000,000,0

C. On March 30, 2011, Defendant B borrowed KRW 500 million as security and paid the Plaintiff the purchase price.

Defendant C is the wife of Defendant B.

【The ground for recognition】 The facts without any dispute, Gap evidence No. 1, Eul evidence No. 1, and the purport of the entire pleadings [the defendant asserts that the plaintiff, not the plaintiff, sold the real estate in this case as the actual owner of the real estate in this case by F. Although there is no dispute over the fact that F led to the sale of the real estate in this case, the plaintiff owned the real estate in the register, and since there is no obvious evidence to deem that F actually owned the real estate in this case, the plaintiff is recognized as the seller of the real estate in this case

2. The plaintiff's assertion

A. The Plaintiff sold the instant apartment at KRW 830 million to Defendant B, and only received KRW 500 million out of the purchase price. Therefore, the said Defendant shall pay the remainder KRW 330 million.

On the other hand, Defendant C, as Defendant B’s wife, promised to pay the remainder of the remainder to the Plaintiff by selling Seongbuk-gu Seoul Metropolitan Government G Apartment H (hereinafter “G apartment”) and paying the remainder of the purchase price. As such, Defendant C expressed his intention to jointly and severally pay the remainder with Defendant B.

Therefore, Defendant C should pay the balance jointly with Defendant B.

B. Compensation for damages caused by tort.

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