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Reasons
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(영문) 전주지방법원 2017.12.15 2016나12222
매매대금 반환
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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. Facts of recognition;

A. The registration of ownership transfer has been completed in the name of the Defendant’s father C on the registry with respect to each real estate listed in the separate sheet (hereinafter “each of the instant real estate”).

B. On March 19, 2013, the Plaintiff and the Defendant made an agreement that KRW 46,00,000 for the purchase price of each of the instant real estate shall be KRW 15,00,000, and the down payment of KRW 16,000 for the intermediate payment of KRW 16,00,000 on the date of the contract, the intermediate payment of KRW 15,000 on April 19, 2013, and the remainder of KRW 15,000,00 for each of the instant real estate shall be paid on March 30, 2014. The Defendant made an agreement that the Plaintiff may use each of the instant real estate if the Plaintiff pays the down payment to the Defendant due to a special agreement (hereinafter “instant contract”).

C. The Plaintiff paid KRW 15,00,000 to the Defendant on the day of the above contract, and began to use each of the instant real estate as planting trees for landscaping, etc., and paid KRW 16,00,000 to the Defendant as an intermediate payment on April 19, 2013.

Even though the remaining payment date of the payment date of the remainder, the defendant did not change the name on the registry of each real estate of this case in the name of the defendant, and could not transfer the ownership to the plaintiff.

E. On April 28, 2016, the Plaintiff sent to the Defendant a content-certified mail to the effect that the Plaintiff would cancel the instant sales contract if the Plaintiff did not perform the contract up to the time, and that the content-certified mail sent to the Defendant on May 23, 2016, when the Defendant urged the Defendant to perform the procedures for the registration of ownership transfer, but the Defendant did not perform the said procedures. The content-certified mail sent to the Defendant on May 23, 2016.

【Ground of recognition】 The fact that there has been no dispute, entry of Gap's 1 through 4 (including virtual numbers; hereinafter the same shall apply) and the purport of whole pleadings

2. The parties' assertion

A. The plaintiff.

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