(영문) 대구지방법원 2020.02.06 2019가합924

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(영문) 대구지방법원 2020.02.06 2019가합924

매매대금 등

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1. As to KRW 745,00,000 among the Plaintiff and KRW 515,00,000, the Defendant shall pay to the Plaintiff KRW 745,000 from June 23, 2018, and KRW 230,00,00.

Reasons

1. Basic facts

A. On February 28, 2013, the Plaintiff acquired the ownership of an aggregate building listed in the attached Table (hereinafter “instant aggregate building”) and operated the “C Sale Store” on the first floor of the instant aggregate building from March 20, 2013.

On December 15, 2015, the Plaintiff completed the registration of transfer of ownership on October 19, 2015 with respect to one-half of the respective sections of the instant aggregate building, and around that time, D used the remaining parts of the instant aggregate building excluding the first floor.

B. On December 30, 2016, the Defendant concluded a sales contract on one-half share of the Plaintiff’s ownership of the instant aggregate building (hereinafter “instant sales contract”) with the Plaintiff, and entered into a sales contract on one-half share of the instant aggregate building between D and D on the same day.

The main contents of the sales contract (hereinafter “the sales contract of this case”) prepared at the time of conclusion of the sales contract of this case are as follows.

According to the instant sales contract, the Plaintiff received KRW 50 million from the Defendant on January 2, 2017, and the intermediate payment of KRW 50 million on January 5, 2017, respectively.

The sales contract for shares in real estate: KRW 865 million shall be paid and received at the time of the contract. The intermediate payment of KRW 50 million shall be paid on January 5, 2017.

Any balance of KRW 65 million shall be paid on March 30, 2017.

Article 2 (Transfer, etc. of Ownership) The seller shall deliver all documents necessary for the registration of transfer of ownership to the buyer at the same time as the balance of the purchase price is received, and cooperate with the registration procedure, and the delivery date of the said real estate shall be March 31, 2017

Special Agreement Matters:

3. The remainder of KRW 765 million out of the loans of a financial institution shall be repaid and the remainder shall be paid in excess of KRW 1/2 (515 billion) of the loans of a financial institution.

The buyer shall be a financial institution, when any balance is paid.

유사 판례

-대구지방법원 2020.02.06 2019가합924

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