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(영문) 광주지방법원 순천지원 2018.12.13 2018가단73475
매매대금
Text

1. The Defendant shall pay to the Plaintiff KRW 69,00,000 and the interest rate of KRW 15% per annum from April 20, 2018 to the day of complete payment.

Reasons

1. Basic facts

A. On December 18, 2017, the Plaintiffs entered into a provisional contract with the Defendant to sell to the Defendant a total of six parcels of land (hereinafter collectively referred to as “instant land”) in total, including P, D, E, F, G, and H land at KRW 940 million, and received KRW 1 million for the provisional contract amount from the Defendant.

B. The Plaintiffs and the Defendant determined the purchase price of the instant land as KRW 910 million on January 2, 2018, and the down payment of KRW 100 million on the date of the contract, and the intermediate payment of KRW 100 million on January 31, 2018, and the intermediate payment of KRW 710 million on the date of the contract, respectively, shall be paid to each of the parties on February 28, 2018 (hereinafter “instant sales contract”); and the written contract in which the purchase price is KRW 740,000,000 was separately prepared.

C. On January 2, 2018, the Defendant paid the Plaintiffs a down payment of KRW 100 million, and the intermediate payment of KRW 100 million on January 31, 2018, respectively. On March 31, 2018, the Defendant paid KRW 540 million out of the remainder, and on April 2, 2018, paid an additional amount of KRW 100 million as the purchase price of the instant land, and paid KRW 841 million (including KRW 1 million in the provisional contract) as the purchase price of the instant land.

On March 22, 2018, the Plaintiffs completed the registration of ownership transfer on the instant land to the Defendant.

[Ground of recognition] Unsatisfy, Gap evidence 2 through 6, Eul evidence 1 (including a tentative number), the purport of the whole pleadings

2. According to the facts acknowledged prior to the determination, the Defendant shall pay to the Plaintiff the remainder of the purchase price for the instant land of KRW 69 million (i.e., KRW 910 million - KRW 841 million) and delay damages thereon.

As to this, the defendant alleged that the plaintiffs and the defendant agreed to reduce the purchase price of KRW 840 million or KRW 841 million after the sales contract of this case. However, the evidence, such as the record of recording, submitted by the defendant alone, is insufficient to recognize that there was an agreement between the plaintiffs and the defendant on the reduction of the above price, and there is no other evidence to acknowledge this otherwise, and the above assertion by the defendant is acceptable.

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