logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 수원지방법원안산지원 2020.07.16 2019가합6093
매매대금
Text

1. From the Plaintiff, the Defendants were on April 2, 2018 with respect to each of 1/2 shares out of 15,787 square meters in Ansan-si members of Ansan-si.

Reasons

1. Facts of recognition;

A. On April 2, 2018, the Defendants’ agent E (the father of Defendant C) determined the purchase price of KRW 1,002,750,00 with respect to D forest land owned by the Plaintiff as KRW 15,787 square meters (hereinafter “instant land”) between the Plaintiff and the Plaintiff on April 2, 2018 (hereinafter “instant purchase contract”). Of these, KRW 100,000,000 for the contract date, intermediate payment of KRW 200,000 for the contract date, the intermediate payment of KRW 200,000 for the remainder payment until July 2, 2018, and KRW 702,750,000 for the remainder payment until February 12, 2019 (hereinafter “instant purchase contract”).

B. According to the instant sales contract, the Defendants paid KRW 300,000,000,000, totaling the intermediate payment of KRW 200,000,000, on April 2, 2018, on the date of the instant contract, to the Plaintiff pursuant to the instant sales contract.

C. On February 12, 2019, the remainder payment date, the Plaintiff demanded the Defendants’ agent E to take over the procedure for the registration of ownership transfer of the instant land by sending the documents necessary for the procedures for the registration of ownership transfer of the instant land. However, the Plaintiff notified the Plaintiff that “E shall not pay the remainder of the land if the Plaintiff, the seller, fails to return to the original state, because the use of the instant land was changed from the natural green belt to the park site.”

On February 20, 2019, the Plaintiff sent to the Defendants a content-certified mail that “the Plaintiff shall keep the documents necessary for the procedure for the registration of ownership transfer of the instant land in the Plaintiff’s legal agent’s office, and may receive them at any time if the Defendants wish to receive the said documents,” and that said notice reached the Defendants around that time.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 6, purport of the whole pleadings

2. Determination as to the cause of action

A. According to the above findings, the determination of the claim for the remainder of the purchase price is special.

arrow