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1. The part of the judgment of the court of first instance against the plaintiff corresponding to the amount ordered to be paid below shall be revoked.
The defendant.
Reasons
1. Basic facts
A. On March 31, 2016, the Plaintiff decided to sell subparagraph C (hereinafter “instant real estate”) 202 to the Defendant on March 31, 2016, and drafted a sales contract with the following content:
(hereinafter “instant sales contract”). Indication of real estate: In Jeju, C’s second floor No. 202: KRW 230 million.
B. The Defendant paid KRW 200 million to the Plaintiff on the date of the instant sales contract, and the Plaintiff completed the registration of ownership transfer on May 18, 2016 with respect to the instant real estate 202 to the Defendant.
[Ground of recognition] Unsatisfy, each entry of Gap evidence 2 to 4 (including a provisional number), and the purport of the whole pleadings
2. The parties' assertion
A. The Plaintiff’s assertion and the Defendant determined the purchase price of KRW 230 million for the instant real estate 202, but only the Defendant paid KRW 220 million, but did not pay the remainder of KRW 10 million. Therefore, the Defendant is obligated to pay the Plaintiff the remainder of the purchase price and the delay damages for the remainder of KRW 10 million.
(However, since the Defendant paid most of the purchase price, and could have received the instant real estate 202 units after July 30, 2016, the Plaintiff accepted the Defendant’s request and completed the registration of ownership transfer in advance.
The Defendant purchased the instant real estate 202 worth KRW 220 million on account of financial standing, etc. by selling the instant real estate 202 at normal prices of KRW 10 million.
However, in order for the Plaintiff to sell to other buyers at a normal price, the Defendant made an appearance like the purchase of the instant real estate 202 at the normal price, and thus, the sales price is KRW 230 million in the instant sales contract.
Since the Defendant has already paid KRW 20 million as the purchase price stipulated in the instant sales contract, it shall be paid to the Plaintiff more.