(영문) 수원지방법원성남지원 2015.11.06 2015가합2269

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(영문) 수원지방법원성남지원 2015.11.06 2015가합2269

매매대금

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1. The Defendant’s KRW 350,000,000 as well as 5% per annum from May 16, 2006 to June 22, 2015 to the Plaintiff.

Reasons

1. Basic facts

A. On March 8, 2006, the Plaintiff and the Defendant purchased at KRW 600,000,000,000,000 for KRW 331 square meters (hereinafter “C land”) prior to Sincheon-si, Sincheon-si, the Defendant owned by the Defendant, and concluded a sales contract with the Defendant to purchase the down payment of KRW 60,000,000,000,000 for the first intermediate payment of KRW 10,000,000 until April 3, 2006, and the second intermediate payment of KRW 19,00,000 until May 16, 2006, and paid KRW 250,000,000 for the remainder on the date of completion of the construction permit, and the Defendant concluded a sales contract with the construction permit to be granted by March 207

B. According to the instant sales contract, the Plaintiff paid the Defendant the sum of KRW 350 million in the down payment and the second intermediate payment (hereinafter “instant KRW 350 million”).

C. On November 18, 2012, the Plaintiff and the Defendant agreed to the effect that “The instant sales contract shall be null and void, and the Defendant shall register the share of 495 square meters among D land (hereinafter “D”) up to May 30, 2013, the Plaintiff shall register the share of the Plaintiff up to May 30, 2013, and the collective security shall be cancelled in its entirety by August 30, 2013” (hereinafter “instant agreement”).

By August 30, 2013, the Defendant failed to cancel the registration of creation of a neighboring mortgage on D land, and on April 27, 2015, the Plaintiff sent to the Defendant the content certification that the instant agreement would be withdrawn (hereinafter “instant content certification”) on the ground that it sent it to the Defendant, and around that time, the said content certification reached the Defendant.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 through 6 (including branch numbers, hereinafter the same shall apply) and the purport of whole pleadings

2. Determination on the cause of the claim

A. According to the above facts of recognition, the amount of KRW 350 million paid by the Plaintiff to the Defendant is in the instant case.

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