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1. The Defendant’s receipt on June 9, 201 of the Changwon District Court’s Msan Branch, as to the real estate stated in the attached Form, to the Plaintiff.
Reasons
1. Basic facts
A. On June 7, 2016, the Plaintiff entered into a sales contract with the Defendant for the purchase price of KRW 140 million with respect to the real estate listed in the separate sheet owned by the Plaintiff (hereinafter “instant real estate”).
(The sale price was to be paid in lump sum on the date of the contract; hereinafter referred to as the “instant sales contract”). (b)
On June 9, 2016, the Plaintiff completed the registration of ownership transfer to the Defendant on June 9, 2016 as the receipt No. 33390 on June 9, 2016.
C. On June 7, 2016, the Defendant paid only KRW 100 million out of the purchase price to the Plaintiff on June 7, 2016. On June 14, 2016, the Plaintiff prepared and delivered to the Plaintiff a letter of commitment to pay KRW 40 million up to June 30, 2016. (2) On October 17, 2018, the Plaintiff notified the Defendant of the fact that the purchase price will be paid up to October 25, 2018, and that the sales contract will be automatically terminated if the purchase price is paid up to October 25, 2018.
[Reasons for Recognition] Each entry of Gap evidence Nos. 1 through 4, the purport of the whole pleadings
2. Determination
A. On June 7, 2016, the Defendant asserted that the Plaintiff would pay only KRW 100 million out of the purchase price to the Plaintiff, and that the remainder of KRW 40 million was changed.
The plaintiff believed the horse of the defendant, who is a punishment, and completed the registration of ownership transfer of the real estate of this case first.
However, the Defendant did not pay the remainder of KRW 40 million, and the Plaintiff received from the Defendant at the end of the demand notice to pay the remainder of KRW 40 million until June 30, 2016.
Nevertheless, the defendant does not pay the remaining 40 million won to the plaintiff until now.
The plaintiff shall pay the purchase price to the defendant by no later than October 25, 2018 with the content certification, and if it does not perform this, the contract will be concluded.