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Reasons
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(영문) 광주지방법원순천지원 2017.09.20 2016가단72133
매매대금
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1. The Defendant-Counterclaim Plaintiff C is on the D 197.4 square meters in leisure time from the Plaintiff-Counterclaim Defendant.

Reasons

1. Basic facts

A. On March 18, 2014, the Plaintiff and E entered into a contract with the Defendants to sell the purchase price of KRW 360,160,000 (the contract amounting to KRW 40 million, intermediate payment to KRW 160,80,000,000,000 and KRW 168,000,000,000,000,000,000 (hereinafter “instant contract”) and KRW 174.8,000,000,000 (hereinafter “instant land”).

B. The Plaintiff and E received each of the Defendants the down payment of KRW 40 million on the date of the contract, and the intermediate payment of KRW 1608 million on March 28, 2014.

C. On July 10, 2014, E drafted a written confirmation (Evidence A No. 4) with the following content to the Plaintiff.

Written Confirmation (Delegation Form)

2. On March 8, 2014, the sum payable to the Plaintiff out of the down payment and the intermediate payment received on March 28, 2014, confirming that the principal’s right to any remainder of the total contract amount for two cases is KRW 45,80,000,000;

3. It is confirmed that the Plaintiff is entitled to all the amounts accruing from the remainder by borrowing KRW 40 million to the Plaintiff as part of the above rights to the remainder, with respect to the relationship that requires advance due to the personal circumstances of the Plaintiff.

On November 14, 2014, the registration of ownership transfer was established in the name of the Plaintiff on the land of this case and the registration of ownership transfer was established in the name of the Plaintiff on March 5, 2015.

E. On June 26, 2015, the Plaintiff is against the Defendants.

In addition to the certificate of confirmation stated in paragraph (1), E sent a content-certified mail stating that “E borrowed a certain amount of money as security for the remainder from the Plaintiff, thereby notifying the Plaintiff that all rights to KRW 160,80,000 for the remainder under the real estate sales contract would be known to the Plaintiff.”

F. Meanwhile, on August 19, 2015, E is the registration of ownership transfer under Defendant B on the following day after it created the registration of ownership transfer under its own name with respect to the land No. 2.

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