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(영문) 서울고등법원 2020.04.08 2019나2021642
매매잔대금
Text

1. All appeals filed by the plaintiff and the defendant are dismissed.

2. The costs of appeal shall be borne by each party.

The purport of the claim and appeal is the purport of the appeal.

Reasons

Basic Facts

On October 18, 2016, the Plaintiff, the owner of a Driart, which was equipped with buildings, such as guest rooms, riding courses, etc., on the ground of a lot of land, including the instant sales contract, entered into a contract to sell the land and a building on the ground (hereinafter “instant real estate”) located in the instant Riart to the Defendant at the time of entering into a contract, KRW 3.5 billion (the contract amounting to KRW 150 million), a security deposit, a balance of KRW 20 million, and the remainder of KRW 3.15 billion, and each payment on October 24, 2016) (hereinafter “instant sales contract”).

On October 18, 2016, G, the father of the Defendant, entered into a contract to sell the purchase price of KRW 1 billion (i.e., KRW 150,000,000,000,000,000,000,000,000 to the Plaintiff and one other (hereinafter “the second sale contract”).

In the second sale contract of this case, "the name of a house tenant shall be the seller's cooperation during March 2017" as a special agreement.

On October 19, 2016, the Defendant paid the Plaintiff the down payment of KRW 150 million according to the instant sales contract, including the payment of the price and the transfer of ownership according to each of the instant sales contracts.

On October 20, 2016, the Plaintiff paid KRW 50 million to G as the down payment under the instant secondary sales contract.

On October 24, 2016, the Plaintiff and the Defendant prepared a statement of accounts concerning the first sale contract of this case to the Plaintiff, and prepared an amount to be immediately paid by the Defendant at KRW 151,461,084,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,00

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