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Reasons
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(영문) 대전지방법원서산지원 2015.11.10 2014가단51697
부동산 잔대금 등 청구의 소
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1. Defendant C’s KRW 20 million and its relation to the Plaintiff’s KRW 5% per annum from February 17, 2012 to November 10, 2015.

Reasons

1. Facts of recognition;

A. On September 19, 2003, the Plaintiff entered into a sales contract with Defendant B to pay the remainder of KRW 40 million on January 30, 2004, with the purchase price of KRW 90,000,000 for KRW 20,000,000 for a contract, and the intermediate payment of KRW 30 million is paid by November 8, 2003, and the remainder of KRW 40,000 for a payment of KRW 40,000 on January 30, 2004.

B. Around that time, the Plaintiff entered into a sales contract with the Defendant C on August 23, 2004 to pay the remainder of KRW 30 million at the same time as the contract, and the remainder of KRW 60 million to be paid on August 23, 2004.

(c) The special terms and conditions of each of the above contracts are as follows:

1. This sales contract is concluded on the premise that the seller and the F Co., Ltd. (hereinafter “F”) actively cooperate in and participate in the comprehensive development plan for the lots of land other than 13 parcels, and thus the buyer must cooperate in the development plan for the seller and F.

2. The land to be traded shall have obtained the permission to divert farmland in the name of a third party, and the seller shall take measures to ensure that there is no problem in the matters regarding the permission to divert farmland;

3. This sales contract is not included in the cost of site preparation, so the buyer shall later bear the cost of site preparation due to complex development within the extent of one hundred thousand won per square meter.

4. The primary cost of registration after the construction of a building shall be borne by the seller, and the cost of registration shall be borne by the seller if the seller is not immediately registered to the buyer who is the actual building owner in connection with the matters permitted to divert farmland under another person's name.

Defendant B’s down payment to the Plaintiff on the day of the sales contract.

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