logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 의정부지방법원고양지원 2015.08.28 2014가합7520
매매대금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. The Plaintiff was the actual operator of C Co., Ltd. (hereinafter “C”), and the Defendant is a corporation that operates liquid funeral business, etc.

B. On February 14, 2014, the Plaintiff and the Defendant drafted a sales contract stating that the seller, the purchaser, the Defendant, the sales price of KRW 692,400,000 as a lump sum payment shall be paid to the Plaintiff, and that a bank loan shall be replaced with the sales price (hereinafter “instant sales contract”).

C. Meanwhile, on June 11, 2013, prior to the preparation of the instant sales contract, between C and the Defendant on June 11, 2013, with respect to the aggregate of KRW 3,938 square meters of the instant forest and field E, the seller, the buyer, the Defendant, the sales price of KRW 1,322,00,000 shall be determined as KRW 150,000,000 on the day of the contract, the intermediate payment of KRW 100,000,000 on the day of the contract, and the intermediate payment of KRW 1,072,00,000 on the day of June 20, 2013 (hereinafter “instant second sales contract”), written a sales contract with the content that each payment shall be made on September 30, 2013 (hereinafter “instant contract”). The remainder under a special agreement would proceed simultaneously with the occurrence of the loan.

On February 19, 2014, the registration of ownership transfer was completed in the name of the defendant on the same day when the registration of ownership transfer was completed in the name of the plaintiff.

[Ground of recognition] Facts without dispute, Gap evidence 1, 3, Eul evidence 1-2, the purport of the whole pleadings

2. The parties' assertion

A. The Plaintiff sold the instant forest land to the Defendant on February 14, 2014, to KRW 692,400,000, and the purchase price was paid in lump sum, and completed the registration of ownership transfer of the instant forest land on the 19th of the same month. However, the Plaintiff received only KRW 300,000,000 from the Defendant as the purchase price, and thus, claimed for the Defendant to pay the remaining purchase price of KRW 392,40,000 and delay damages.

B. The Defendant purchased a total of 3,938 square meters of forest E in the instant forest and field of Pakistan from C who actually operated by the Plaintiff, and the instant case from the Plaintiff.

arrow