(영문) 의정부지방법원 2020.05.19 2019나1993

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(영문) 의정부지방법원 2020.05.19 2019나1993

매매잔대금

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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. The parties' assertion

A. On October 27, 2014, the Plaintiff concluded a sales contract with the Defendant to sell KRW 210,000,000,000,000,000,000 (hereinafter “instant land”) owned by the Plaintiff on October 27, 201, and issued documents necessary for the registration of transfer of ownership on that day to the Defendant via D who was present on behalf of the Defendant, and the Defendant completed the registration of transfer of ownership on October 28, 201.

However, the defendant only deposited KRW 95 million out of the above purchase price to the plaintiff, and the remaining KRW 15 million has not been paid up to now, and thus, the defendant is seeking the payment.

B. Around the day of the above sales contract for Defendant: D’s finding the Defendant and “the Plaintiff (the Plaintiff) lent KRW 50 million to the Defendant; the Defendant received the registration of ownership transfer on the land inside the ship and received the loan of KRW 95 million and used the remainder for the financial institution; and the Defendant previously lent KRW 20 million to D, which would be entitled to receive this opportunity; and through D, purchased the instant land from the Plaintiff at KRW 160 million from the E Union and received the loan of KRW 140 million from the Plaintiff at KRW 15 million from the E Union, and then remitted the remaining KRW 20 million from the said loan to the Plaintiff.

In addition, 30 million won out of the remaining money was lent to D and paid to D in cash, 5 million won was paid to D, and 9 million won was paid to D with registration expenses. The remaining 1 million won was paid as a total of KRW 160 million with D’s meal expenses (i.e., the Plaintiff’s remittance of KRW 95 million with D’s claim 20 million) (i.e., KRW 95 million with the Plaintiff’s cash payment of KRW 30 million with D’s cash payment of KRW 5 million).

As above, the Defendant paid the full amount of KRW 160 million to the Plaintiff and entered into a sales contract from the Plaintiff.

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