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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. Basic facts
A. On November 9, 2016, the Plaintiff entered into a sales contract with the Defendant with the content that “the Defendant would sell the shares of 22/880 square meters in Kim Jong-si C, 187 square meters in Kim Jong-si, D 2,180 square meters in Kim Jong-si, 11/2180 in shares of 181 square meters in Kim Jong-si, Kim Jong-si, 22/880 in shares of 181 square meters in Kim Jong-si, and 22/880 in shares in Kim Jong-si, 512 square meters in shares in each of the instant real estate (hereinafter “instant sales contract”).” (hereinafter “the instant sales contract”).
B. On November 9, 2016, the Defendant remitted KRW 10,000,00 to the Plaintiff as the price for the instant sales contract.
C. On November 30, 2016, the Plaintiff and the Defendant’s name entered into the sales contract (Evidence A No. 1; hereinafter “instant sales contract”) as follows.
Real estate sales contract;
2. Under the agreement between the seller and the buyer, each of the instant real estate stipulated in Article 1 of the Terms and Conditions of the Contract, a sales contract is concluded as follows:
Article 2 In the sale of each real estate of this case, the buyer shall pay the purchase price as follows:
On November 30, 2016, Article 3 of the Act on November 30, 2016, the name map of each real estate in this case shall be November 30, 2016.
Article 5 The seller shall deliver all documents necessary for ownership (registration) to the buyer at the time of receipt of the balance, and shall cooperate with the transfer registration.
On November 30, 2016, the Plaintiff completed the registration of transfer of shares in the Defendant’s name with respect to each of the instant real estate, and delivered each of the instant real estate to the Defendant.
[Ground of recognition] Facts without dispute, Gap's 1, 2, Eul's 6-1 to 4, the purport of the whole pleadings
2. The parties' assertion
A. The Plaintiff concluded the instant sales contract with the Defendant by setting the sales amount of KRW 13,622,00 with the Plaintiff as KRW 13,62,00.
However, the Defendant did not pay the remainder of KRW 3,622,00,000 after paying only 10,000,000 of the above purchase price, and thus, the remainder of KRW 3,622,00 and damages for delay shall be paid to the Plaintiff.