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(영문) 전주지방법원군산지원 2019.02.14 2018가단51162
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1. As to the real estate stated in the attached list to the Plaintiff, the Defendant is based on sale on February 14, 2018.

Reasons

1. Facts of recognition;

A. On April 9, 1976, the Defendant completed the registration of ownership transfer with respect to the real estate listed in the separate sheet (hereinafter “instant real estate”).

B. (1) On February 14, 2018, the Plaintiff concluded a sales contract to purchase the instant real estate from the Defendant (hereinafter “instant sales contract”) with the purchase price of KRW 94.9 million (payment of KRW 9.5 million, the remainder of KRW 85.4 million (payment of February 21, 2018)) (hereinafter “instant sales contract”).

(2) On the day of the instant sales contract, the Plaintiff paid the down payment of KRW 9.5 million to the Defendant on the day of the instant sales contract. The Plaintiff is a licensed real estate agent C, and the Defendant’s licensed real estate agent D. 2) concluded the instant sales contract to cultivate crops on the instant real estate, and at the time, the Defendant leased the instant real estate to E, and E cultivated crops on the instant real estate.

At the time of the instant sales contract, the Defendant stated that the Plaintiff was paid the rent in late payment.

3) Accordingly, Article 6 of the Special Agreement on the Sales Contract of this case provides that “The seller shall handle the crops on the ground of the broker’s list by May 20. At the time of disposal, the buyer shall handle them at his own discretion” (hereinafter “the Special Agreement”).

(4) On February 14, 2018, after the conclusion of the instant sales contract, the Plaintiff confirmed that the rent was paid in advance by telephone to E, and demanded D, the Defendant’s licensed real estate agent of the instant sales contract, to verify the implementation of the instant special agreement.

5) The Defendant confirmed that the rent was paid in advance, and that the lessee would be present at the remainder payment date to confirm the first issue. C. The Plaintiff and the Defendant were only at the F Licensed Real Estate Agent’s Office on February 21, 2018, which is the remainder payment date of the instant sales contract, but the Defendant attended the lessee E.

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