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Reasons
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(영문) 창원지방법원진주지원 2020.11.20 2020가단1246
토지매매대금
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The defendant shall pay 35,00,000 won to the plaintiff and 12% per annum from March 5, 2020 to the day of complete payment.

Reasons

1. Facts of recognition;

A. On May 12, 2006, C, the husband of the Defendant, determined the purchase price as KRW 111,80,000 with respect to one-half shares of the 1,848 square meters (hereinafter “instant land”) among the 1,848 square meters in Sacheon-si, the Plaintiff on May 12, 2006, and sold to the Plaintiff at KRW 40,000,000 on the same day with his own account, and KRW 40,000,000 on the same day with his account; and

6.2.31,800,000 won remitted to 111,80,000 won;

B. Since then, the Plaintiff completed a provisional registration as to the right to claim ownership transfer registration (hereinafter “the provisional registration of this case”) under Article 34491, which was received on October 20, 2006, from the Changwon District Court Jinwon Branch Branch, as to the instant land.

C. Meanwhile, on October 23, 2012, the Defendant decided to repurchase the instant land from the Plaintiff, and determined the purchase price of KRW 120,000,000 as the down payment on the same day, and paid KRW 10,000,000 as the intermediate payment on November 30 of the same year, and KRW 100,000,000 as the remainder payment on July 30, 2013. However, the Defendant agreed to pay the remainder to the Plaintiff with a loan from a financial institution upon cancelling the provisional registration of this case.

The Plaintiff revoked the provisional registration of this case on March 6, 2013 pursuant to the agreement, but the Defendant did not pay the remainder of KRW 100,000,000 and paid only KRW 55,00,000 thereafter, and the remainder of KRW 45,00,000 until December 31, 2013 was prepared and delivered to the Plaintiff on August 2, 2013.

Nevertheless, the remaining KRW 35,00,000, which did not comply with the above letter of payment and paid only KRW 10,000 again, was drafted again on December 31, 2013 to pay the said KRW 35,00,000 by December 20, 2014, and the said written agreement was prepared and delivered to the Plaintiff on October 26, 2016, stating that the said amount shall not be paid until December 5, 2019.

[Ground of recognition] Unsatisfy, entry of Gap evidence 1 to 8 (including additional number), purport of whole pleadings

2. According to the above facts of recognition as to the cause of the claim.

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