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(영문) 서울고등법원 2014.08.29 2013나2022407
매매대금
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

Reasons

1. Basic facts

A. On October 13, 2011, the Plaintiff entered into a sales contract with the Defendant to sell 159-10 square meters (240.49 square meters; hereinafter “instant land”) and 324.14 square meters (98.05 square meters; hereinafter “instant building”) of the land owned by the Plaintiff to KRW 3,873,643,69,909, building price of KRW 114,869,174, value-added tax of the building, value-added tax of KRW 11,486,917 (hereinafter “instant sales contract”) and agreed to sell 2.8 billion on the date of the contract, intermediate payment, KRW 70 million on October 20, 201, and KRW 500 million on the land to KRW 4 billion (hereinafter “instant building”).

B. The Defendant paid the Plaintiff the down payment of KRW 2.8 billion on the day of the instant sales contract, and received all documents necessary for the registration of ownership transfer of the instant land and building from the Plaintiff, and completed the registration of ownership transfer on October 14, 201.

C. After October 20, 201, the Defendant paid the intermediate payment of KRW 700 million to the Plaintiff. On September 21, 2012, the Defendant deposited KRW 231,215,435 in the Plaintiff’s future and damages for delay calculated at the annual rate of KRW 6% from April 14, 2012 to September 21, 2012, in total, KRW 6,119,291 ( below won; hereinafter the same shall apply) as KRW 237,334,726.

On October 5, 2012, the Plaintiff reserved an objection and received the said deposit, and then appropriated the remainder of KRW 500 million at the rate of 6% per annum from April 14, 2012 to October 4, 2012, which is the day before the receipt of the deposit, for repayment of KRW 14,301,370 and the remainder of KRW 223,03,356.

[Ground of recognition] The fact that there is no dispute, Gap's 1, 3, Eul's 1 (including paper numbers; hereinafter the same shall apply), the whole purport of pleading

2. Determination

A. According to the above facts of determination as to the cause of the claim, the Defendant, barring any special circumstance, shall pay to the Plaintiff the remainder of the purchase price of KRW 276,966,644 (i.e., KRW 4 billion - KRW 2.8 billion - KRW 2.7 billion - KRW 223,033,356) and this.

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