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(영문) 대전지방법원 2014.10.23 2014가합4501
매매대금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

Basic facts are based on the following facts on June 11, 2004: (a) the Plaintiff: (b) the Defendant: (c) the amount of the purchase price of the fourth-class neighborhood living facilities and multi-family houses (hereinafter “instant real estate”) on the fourth-class reinforced concrete building built in reinforced concrete lux roof, and the fourth-class neighborhood living facilities and multi-family houses (hereinafter “instant real estate”); (d) the Defendant would take over KRW 192 million as the lease deposit obligation on the instant real estate; and (e) the loan obligation on the said real estate provided as security; (b) KRW 137.5 million as the loan obligation on the said real estate; and (c) the Plaintiff would take over KRW 329.5 million as the total loan obligation on the said real estate; and (d) the Plaintiff would take over KRW 52 million as the contract date from the Defendant deducting the above obligation on the total purchase price; and (e) the Plaintiff would complete the registration of ownership transfer within six million won prior to June 15, 2004.

On June 19, 2004, the Plaintiff completed the registration of ownership transfer with respect to the instant real estate to the Defendant.

【Ground for recognition” without any dispute, entry in Gap's evidence Nos. 1 and 2 (including a provisional number; hereinafter the same shall apply), and the purport of the entire pleadings, the gist of the plaintiff's claim concerning the cause of claim is that the plaintiff filed a registration of ownership transfer concerning the real estate of this case with the defendant on June 19, 2004, but the defendant did not pay to the plaintiff KRW 190,50 million until August 18, 2004, which is within 60 days from the date the above registration of ownership transfer was completed. Thus, the plaintiff sought payment of the purchase price.

Comprehensively taking account of the overall purport of the statements and arguments in the evidence Nos. 1, 2, and 3 of the board Nos. 1, 3, the Defendant remitted to the Plaintiff the down payment of 52 million won on June 11, 2004, the intermediate payment of 90 million won on June 15, 2004, and the remainder of 48.5 million won on June 19, 2004, respectively, and the sales price under the instant sales contract is actually paid to the Plaintiff.

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