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(영문) 창원지방법원 2017.02.07 2016가단105803
매매대금
Text

1. The Defendant’s KRW 23,066,612 as well as the Plaintiff’s KRW 5% per annum from July 20, 2016 to February 7, 2017.

Reasons

1. Basic facts

A. The Plaintiff concluded a sales contract by setting the sales price of KRW 1,00,000 with the land of KRW 900,000 (hereinafter “instant land”) and its ground buildings (hereinafter “instant building,” and combining the said land together with the said land (However, in order to reduce the capital gains tax, the Plaintiff prepared the so-called “sales contract” with the sales price of KRW 900,000,000) and the main contents of the sales contract are as follows.

1. In relation to the sale and purchase of the pertinent real estate, the seller and the buyer shall pay the price of KRW 100 million as the pre-sale contract deposit ( September 27, 2013), and the seller shall be paid the price regularly.

2. As to this, this Agreement shall enter into force on October 11, 2013.

3. The down payment shall be a penalty, and other matters shall be governed by the Civil Act and judicial precedents.

4. The date of delivery of real estate for sale above shall be October 27, 2013.

B. According to the above sales contract, the Defendant paid the Plaintiff KRW 100,000,000 on September 27, 2013, and KRW 100,000,000 on November 1, 201 of the same year, and KRW 200,000,000 on a total, pursuant to the above sales contract.

C. Since then, the Defendant filed a civil lawsuit against the Plaintiff seeking the implementation of the procedure for ownership transfer registration of the instant real estate (this Court 2013Gahap6728), and the Plaintiff filed a lawsuit against the Defendant for the confirmation of the existence of an obligation against the Defendant (this Court 2013Gahap7318), each of the above courts rendered a favorable judgment against the Defendant on February 12, 2015, and all of the Plaintiff’s appeal and appeal were dismissed, and the said judgment became final and conclusive.

On January 12, 2016, the Defendant completed the registration of ownership transfer under the name of the Defendant with respect to the instant real estate on the 19th of the same month, and repaid KRW 750,00,000,00 of the secured loan amount of the right to collateral security established in the name of Busan Bank with the Plaintiff as the debtor, and interest 1,514,744, totaling KRW 751,514,514,744, and cancelled the registration of ownership transfer.

E. As above, part of the purchase price paid by the Defendant.

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