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(영문) 인천지방법원 2015.09.17 2014가단76679
매매대금
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1. The plaintiff's claim of this case is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. The following facts may be found either as a dispute between the parties or as a whole by taking account of the following facts: Gap evidence Nos. 1 and 2, as well as the purport of the entire pleadings as a result of the submission of financial data to the head of Yangyang Branch Office of the National Bank of Korea.

The Plaintiff and the Defendant’s real estate sales contract 1) On April 10, 2003, the Plaintiff entered the real estate indicated in the separate sheet (hereinafter “instant real estate”) in the Defendant.

(2) At the time of the instant sales contract, the Defendant concluded an oral contract to sell the instant real estate at KRW 60 million. (2) At the time of the instant sales contract, the Defendant agreed to pay KRW 37 million, including the remainder of KRW 23 million and the acquisition tax paid by the Plaintiff for the transfer of ownership on the instant real estate, by December 30, 2003.

B. On September 23, 2003, pursuant to the instant sales contract, the registration of ownership transfer was made in the future for the Defendant regarding the instant real estate on September 23, 2003, and the following day, the registration of ownership transfer was completed for the debtor to the Defendant, the mortgagee, the National Bank Co., Ltd., and the maximum debt amount of KRW 48,100,000,000, and around October 29, 2003, the loan of KRW 37,000 was completed in the Defendant’s future. 2) On the other hand, around October 17, 2003, the registration of the establishment of a mortgage was completed with the debtor as the Defendant and the mortgagee as the Plaintiff, with the maximum debt amount of KRW 19,50,000,000, which was revoked around May 22, 2007.

2. The party's assertion and judgment

A. The Plaintiff’s assertion does not pay the said money and damages for delay, even though the Defendant purchased the instant real estate and immediately pays the down payment and the intermediate payment of KRW 37 million.

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