(영문) 광주지방법원 2018.12.21 2018가합52056

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(영문) 광주지방법원 2018.12.21 2018가합52056

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1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. On August 21, 2013, the Plaintiff and the Defendant concluded a sales contract with the following terms and conditions (hereinafter “instant sales contract”) with the Plaintiff’s intent to purchase 16 parcels (hereinafter “instant stock farm”).

Sales proceeds: 1.30 million won - The amount of KRW 1.1 billion - the amount of KRW 200 million - the amount of KRW 200 million (payment on August 22, 2013) - The remaining amount: 1.03 billion (payment on September 23, 2013) ownership transfer and delivery date of real estate: Special agreement on September 23, 2013:

2. The balance shall be 350 million won in cash, and 680 million won in kind.

4. The remainder of goods in kind shall be the difference between the current market price and the amount excluding the deposit money for lease on a deposit basis.

1. Separate apartment units 17 (this case's apartment units with 17 units, including each of the apartment units (10 units) and other apartment units (7 units) (hereinafter the above 17 units of apartment units) are all of the apartment units of this case's apartment units, and among them, other apartment units except each of the apartment units of this case's apartment units are "the separate apartment units of this case."

[2] The ownership is transferred to the Defendant by September 30, 2014.

1. The Defendant is responsible for the management from September 9, 2013, and the registration of transfer shall be made at the time the Defendant wishes even before September 30, 2014.

1. The purchase and sale price of 14 apartment buildings in the E zone shall be 20 million won, and that of other buildings shall be 80 million won;

B. On September 9, 2013, the Plaintiff and the Defendant drafted a written agreement with respect to the performance of the part in kind among the remainder of the instant sales contract (hereinafter “instant agreement”) as follows, and on the same day, a notary public was certified as a law firm D et al. in accordance with Article 2589 on the same day.

C. Around September 2013, the Defendant completed the registration of ownership transfer of the instant stock farm, and delivered the instant stock farm to the Plaintiff. The Plaintiff paid the Defendant KRW 100 million of the instant sales contract’s down payment, intermediate payment of KRW 200 million, and KRW 350 million of the remainder, and KRW 650 million of the remainder.

The Plaintiff is the Plaintiff.

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