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Reasons
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(영문) 대전고등법원 2015.06.05 2014나4123
매매대금
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1. The plaintiff's appeal is dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. Basic facts

(a) The purchase price for Article 1: 520 million won: 520 million won - the down payment: 52 million won - the loan amount: 137.5 million won (Yong-dong community credit cooperatives) shall succeed to the defendant;

- Part payments: 90 million won shall be paid on June 15, 2004.

- Balance: 240 million won shall be paid on June 19, 2004.

Article 2: The Plaintiff may transfer ownership even before the full payment of the purchase price is made.

(However, the special agreement provides for the payment of the purchase price in full within 60 days after the transfer: Before the remainder of Article 1, 240,500,000 won, the lease deposit amount of KRW 192,00,000,000,000,000 shall be succeeded to by the Defendant, and the remainder shall be paid to the Plaintiff

On June 11, 2004, the Plaintiff, along with the Defendant, prepared a sales contract (hereinafter “instant sales contract”) with the following content: (a) on June 11, 2004, the Plaintiff sold the instant real estate to the Defendant, a Class II neighborhood living facilities and multi-family houses (hereinafter “instant real estate”) on the fourth floor of the reinforced concrete structure built of reinforced concrete structure on the land and its ground.

B. On June 19, 2004, the Plaintiff completed the registration of ownership transfer with respect to the instant real estate to the Defendant.

Amount of the transaction details on the date of Nos. 1

6. 9. Transfer of Defendant E (the mother of the Plaintiff) to KRW 100 million;

6. E (Defendant’s name) 30,000 won for the transfer of Plaintiff 52 million won;

6. 14. E (F) Defendant transfer KRW 40 million.

6. 14. Cash transfer from G: 20 million won;

6. 15. Payment of the Plaintiff’s cash and check in KRW 90 million

6. 19. Cash deposit of the plaintiff on 19. 48.5 million won

C. From June 9, 2004 to June 19, 2004, the Plaintiff deposited KRW 20 million in cash from his account at around 1:45 on June 14, 2004, and around 11:50 on the same day, a cash of KRW 20 million was deposited in the Defendant’s account in the name of G, and both the cash withdrawal and deposit were made in the Changdong Community Credit Depository No. 6 transaction.

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