(영문) 수원지방법원여주지원 2020.01.09 2019가단52633

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(영문) 수원지방법원여주지원 2020.01.09 2019가단52633

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1. The Defendant’s KRW 91,50,000 and its annual rate from March 14, 2019 to January 9, 2020 to the Plaintiff.

Reasons

1. Basic facts

A. On February 23, 2019, the Plaintiff and the Defendant concluded a contract with the Plaintiff to purchase KRW 165,00,000 (hereinafter “instant contract”) with respect to the instant real estate, which is an oral ownership of the Defendant.

On February 23, 2019, the Plaintiff paid 16,500,000 won to the Defendant as the down payment out of the above payment.

B. On February 25, 2019, the Plaintiff and the Defendant agreed to prepare a contract by reducing the price of the instant contract to KRW 149,00,000, and written a contract to pay KRW 16,500,000 for the down payment to KRW 149,00,000, and the down payment to KRW 67,50,000 for the intermediate payment to be paid on March 14, 2019, and written a contract to pay KRW 65,00,000 for the remainder payment to be paid on March 21, 2019 (Evidence 1-2, hereinafter “instant first contract”).

At the time, the Plaintiff and the Defendant agreed to pay by March 21, 2019 the difference between the actual price of KRW 165 million and KRW 149 million, which is the difference between the said contract and the actual price of KRW 149 million (hereinafter “the difference in this case”).

The above contract contains the same contents as the attached Form 1 as the special agreement.

C. On March 14, 2019, the Plaintiff and the Defendant again made payment of KRW 14,900,000 to KRW 149,000 at the time of the contract and received the down payment, and the intermediate payment of KRW 75,00,000 shall be paid on March 14, 2019, and the remainder amount of KRW 59,100,000 shall be paid on March 28, 2019 (hereinafter “the instant secondary contract”).

The above contract contains the same contents as the attached Form 2 as the special agreement.

On March 14, 2019, the Plaintiff paid KRW 75,000,00 to the Defendant as part payment out of the price under the instant contract.

[Evidence Evidence: Evidence No. 1 to 3, 13 (including paper numbers; hereinafter the same shall apply)

(i) each entry and the purport of the whole pleadings

2. Judgment as to the main claim

A. As to the ground of the claim for ownership transfer registration

유사 판례

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