(영문) 서울중앙지방법원 2020.04.29 2019나22882

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(영문) 서울중앙지방법원 2020.04.29 2019나22882

매매대금

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1. The plaintiff's appeal and the conjunctive claim added by this court are all dismissed.

2. After an appeal is filed.

Reasons

1. Basic facts

A. A. Around May 2008, the Plaintiff leased a screen golf practice facility to G during the period from July 1, 2008 to June 30, 2010, the lease deposit amount of KRW 1.3 million, the rent of KRW 2.5 million, the rent of KRW 2.5 million, and the lease term of KRW 1.3 million.

B. On December 31, 2008, the Plaintiff entered into a sales contract with the Defendant to sell the instant building amounting to KRW 7.3 million (hereinafter “instant sales contract”). However, the sales contract was entered into between the Defendant’s father C and the Plaintiff.

The provisions pertaining to the instant case are as follows:

Article 1 of the Real Estate Sales Contract shall enter into a sales contract with the seller and the buyer as follows, in agreement between the seller and the buyer:

Article 2 In the sale of the instant building, the buyer pays the purchase price as follows.

The date of December 31, 2008 when the purchaser succeeds to a loan and deposit for lease of approximately KRW 1.55 million (payment at the time of a contract) in the purchase price of KRW 7.3 million and KRW 5,80,000,000 (payment at the time of a contract) shall be December 31, 2008.

Article 4 The seller shall deliver all documents necessary for the ownership (registration) to the buyer when he/she receives any balance, and shall cooperate in the registration of transfer.

Matters of special agreement

2. The purchaser shall succeed to a loan of 450 million won and a shop (skin golf) lease deposit of 1.3 million won after deducting a loan of 50 million won and a deposit of 1.3 million won.

3. If the monthly gross sales of a store do not exceed 14 million won, the contract shall be terminated and the seller shall accept again;

4. The buyer shall pay 50,000 won to the seller on the date of the contract with the premium for the store and golf facilities.

The seller (person) the Defendant (person)

C. On January 2, 2009, the Defendant: (a) on the instant building, the ownership transfer registration based on sale on December 31, 2008 (hereinafter “instant ownership transfer registration”).

유사 판례

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