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(영문) 수원지방법원평택지원 2019.10.17 2018가합11680
매매대금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. On May 29, 2007, the Plaintiff entered into a sales contract with the Defendant to sell all of the land of KRW 1,782 square meters and 1 billion (the contract amount of KRW 100 million shall be paid on May 29, 2007; the intermediate payment of KRW 750 million shall be paid on September 19, 2007; the remainder of KRW 150 million shall be paid on September 19, 2007; and the remainder of KRW 150 million shall be paid within 30 days from the date of announcement of disposition of replotting) (hereinafter “instant sales contract”).

B. 1) On May 29, 2007, the date of the conclusion of the instant sales contract, the Defendant paid the down payment of KRW 100 million to the Plaintiff. 2) On September 19, 2007, the Defendant agreed to pay the down payment of KRW 200,345,205, out of the intermediate payment of KRW 750,000,000, the part payment of the intermediate payment of KRW 750,345,205, the Defendant subrogated for the secured obligation to the association of the mortgagee and to pay it to the judicial scrivener in lieu of the payment of KRW 100,00

On September 19, 2007, the Defendant paid KRW 200,345,205 to D Association and KRW 100,000 to D Association E, respectively, and on the same day, paid KRW 549,54,795 to the Plaintiff the remainder of the intermediate payment.

【Fact-finding without a dispute over the basis of recognition, Gap evidence 1, Eul evidence 1 through 6, the purport of the whole pleadings

2. According to the Plaintiff’s assertion, the remainder payment date is within 30 days from the public notice date of land substitution disposition.

According to the customary urban development law, an urban development zone shall be designated and publicly announced, a project implementer shall be designated, an implementation plan shall be authorized, and a approximately two-year period shall be required until a replotting disposition is publicly announced.

However, the Defendant did not pay any balance for the reason that there was no disposition of replotting for about 11 years from the date of the conclusion of the instant sales contract.

In light of the above circumstances, the remaining payment date of the sales contract of this case arrives at the end of July 2009, which was about two years after the date of conclusion of the sales contract of this case.

Therefore, the defendant is worth KRW 150 million to the plaintiff.

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