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(영문) 울산지방법원 2014.10.17 2013가단54313
잔대금지급청구의소
Text

1. The Defendant’s KRW 80,000,000 as well as the Plaintiff’s annual rate from August 23, 2014 to October 17, 2014.

Reasons

1. Basic facts

A. On October 28, 2012, the Plaintiff sold to the Defendant the land of 28,798 square meters (27,917 square meters in the register of real estate at the time of the contract, but the change of the indication of the area was made to 28,798 square meters around December 28, 2012; hereinafter “instant forest”) including the following purport:

(hereinafter referred to as the “sale”). - The sales amount shall be KRW 170 million, and the down payment shall be KRW 10 million on the date of a sales contract, KRW 30 million on November 30, 2012, KRW 30 million on intermediate payment and KRW 130 million on December 28, 2012, respectively.

- until November 30, 2012, the buyer recognizes the cultivation of crops cultivated on the ground of the object by November 30, 2012.

- The seller shall transfer all of the graves on the ground of the object to his own expense and responsibility before the date of the remainder payment.

- All trees on the ground of an object shall be included in the sale object, but the seller shall remove other lost trees, etc. owned by the owner.

B. The Defendant paid to the Plaintiff the intermediate payment of KRW 10 million on the day of the instant sales contract, KRW 30 million on November 30, 2012, and KRW 50 million out of the remainder on January 23, 2013.

C. On March 14, 2014, the Defendant completed the registration of ownership transfer based on the instant sale of forest land.

[Ground of recognition] Facts without dispute, Gap 1, 2, 20 evidence, Eul 4, witness D, the purport of the whole pleadings

2. The parties' assertion and judgment

A. The plaintiff's major assertion (1) The plaintiff's assertion fulfilled his duty as a seller under the contract of this case.

The Defendant, the buyer, is obligated to pay the remainder of KRW 80 million to the Plaintiff (i.e., the remainder of KRW 130 million - KRW 50 million).

(2) On the instant forest land asserted by the Defendant, graves, third party-owned trees, crops, and structures exist, and the Defendant cannot respond to the Plaintiff’s claim before removal, removal, or removal.

B. (1) The instant sale is the forest of this case.

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