(영문) 창원지방법원통영지원 2015.04.21 2013가단13626

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(영문) 창원지방법원통영지원 2015.04.21 2013가단13626

매매대금

Text

1. The plaintiff's primary and conjunctive claims are all dismissed.

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

Reasons

1. Facts of recognition;

A. On March 7, 2013, the Plaintiff sold to the Defendant a 1,780 square meters and above-ground unregistered buildings in Gyeongnam-do. The main content of the sales contract is as follows.

(2) In the event of sale of real estate, the purchaser would pay the purchase price as follows in the sale of real estate at KRW 538,000,000,000,000: In the event of sale of real estate at KRW 538,00,00,000:

b.The down payment shall be paid at the time of the contract and the remainder shall be paid in the presence of the broker on March 15, 2013. The order of the said real property on Article 3 shall be March 30, 2013.

b.Article 8: The seller shall reimburse for the amount of the down payment at the time of the default of the contract and the buyer shall not claim the return of the down payment at the time of the default; provided that the remainder shall be paid at the time of banking loans.

B. The Plaintiff failed to receive down payment of KRW 50 million from the Defendant on March 7, 2013. However, on April 26, 2013, the Plaintiff divided the land indicated in paragraph (3) of the attached Table in the attached Table 1,780 square meters in Dao-si, Gyeongnam-do, and changed the land category of the remaining land into a warehouse site as shown in paragraph (1) of the attached Table, and completed the registration of preservation of ownership on the buildings unregistered on the ground (hereinafter the above, the Plaintiff completed the registration of ownership transfer on each of the instant real estate to the Defendant on the same day, regardless of whether it was before and after division, change of land category, and preservation registration (hereinafter referred to as “each of the instant real estate”).

C. On April 26, 2013, the Defendant: (a) completed the establishment registration of a mortgage (the maximum debt amount of KRW 208,000,000 with respect to each of the instant real estate; (b) the debtor, the debtor, the mortgagee of the right to collateral security; (c) borrowed KRW 160,000 from the Tong Young Livestock Cooperative; and (d) remitted the loans to the account designated by the Plaintiff; and (d) transferred the loans on July 22, 2013.

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