(영문) 서울고등법원 2016.01.28 2015나2003110

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(영문) 서울고등법원 2016.01.28 2015나2003110

매매대금

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1. Upon receipt of a claim for change in exchange at the trial, the defendant shall pay to the plaintiff KRW 422,200,000, and the defendant shall pay to the plaintiff the amount of KRW 422,200.

Reasons

1. Basic facts

A. 1) On June 15, 2007, the Defendant purchased land from the Plaintiff on June 15, 2007, and newly constructed and sold a building on the ground (hereinafter “instant sales business”).

2) For the purpose of doing so, the Plaintiff’s land is classified into “C land”, “D land”, and “E land” as the parcel number, and all of them are combined. “D land” was merged with “E land” on July 4, 2007, and as such, “E land” after annexation is deemed to be “E land after annexation.”

2) The sales contract to purchase the amount of KRW 1.89 billion (hereinafter “the first sales contract of this case”)

The main contents of the contract are as follows: The plaintiff and the buyer are as follows: The purchase price for the defendant: KRW 1.89 billion (the amount of KRW 190 million out of the contract amount shall be paid at the time of the contract, and the remaining KRW 90 million shall be paid at the time of June 28, 2007, and the remainder of KRW 1.7 billion shall be paid at June 15, 2008). The special agreement provides that an application for a construction permit shall be completed before the remainder, and the balance may be advanced, depending on the circumstances. - The statement of fulfillment of the terms of the sale is attached - The loan of each land of this case shall be the defendant's acquisition, and the payment date of interest shall be the 19th day of each month. 2) The plaintiff and the defendant entered into the first sale contract of this case and attached it to the sales contract on the following day.

Plaintiff

In the sale and purchase of each of the lands of this case, the Plaintiff cannot be deemed to have any right to the building to be constructed by the Defendant on the site between the site and the Plaintiff. The Defendant actively cooperates with all the documents and all the matters necessary for the construction. The Defendant is responsible for all the taxes and expenses incurred from each of the lands of this case in the name of the Plaintiff generated from the time of the purchase and sale of each of the lands of this case to the time after the transfer of ownership

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