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Reasons
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(영문) 수원지방법원성남지원 2016.08.23 2015가단203805
매매대금
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1. The Defendant: (a) KRW 10,000,000 for the Plaintiff and 5% per annum from July 19, 2014 to August 23, 2016.

Reasons

1. Facts of recognition;

A. On July 7, 2014, the Plaintiff concluded a sales contract with the Defendant to sell to the Defendant an apartment unit D 105 Dong 405 (sale price of KRW 398,80,000), and the down payment of KRW 39,880,00,00 already paid by the Plaintiff to the seller, in cash, shall be settled in cash, and the remaining KRW 34,880,000 shall be paid on July 15, 2014, which is the remainder of the contract date, and the Plaintiff’s loan of KRW 119,640,00,000 shall be succeeded to on the remainder date.

As a special agreement, the Plaintiff and C paid to the Plaintiff the down payment of KRW 1,020,000,000, out of the balcony expansion and shower construction costs, in addition to the above purchase price.

(A) Evidence No. 1 1.b.

At the same time as the above sales contract, the Plaintiff and C agreed that the Defendant shall pay the Plaintiff KRW 29,100,000 in addition to the balance on the payment date of the remainder, and that if not paid, the Plaintiff may terminate the sales contract of the said sales right.

(A) Evidence No. 1-2) (c)

C at the time of the above sales contract for the right of sale, the defendant was to be married immediately with the defendant.

On July 15, 2014, the Defendant entered into a contract for succession of rights and obligations and for succession of loans with C and the Plaintiff on July 15, 2014, respectively, without any particular objection.

5,000,000 won of the down payment for the above apartment sale right was paid by C on the date of the contract, and the Defendant remitted KRW 55,000,00 to the Plaintiff on July 15, 2014.

However, the Plaintiff and C agreed to handle KRW 10,000,000, out of the above KRW 55,000,000 sent by the Defendant on the same day, as the purchase price of the E-sports club that the Plaintiff intended to sell to C, and C did not pay KRW 20,000,000 out of the purchase price of the instant sales right, and C prepared a cash storage certificate to pay the Plaintiff by July 18, 2014.

[Ground of recognition] A without any dispute, Gap evidence 1-2, Gap evidence 2-2, Eul evidence 2-1, 2-2, Eul evidence 3-4, witness F, and C.

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