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(영문) 창원지방법원거창지원 2015.11.03 2015가단1364
매매대금
Text

1. The Defendants: (a) KRW 50,000,000 for each Plaintiff and 5% per annum from June 26, 2015 to July 30, 2015.

Reasons

1. Basic facts

A. The land owned by the Plaintiff is 12,040 square meters of a forest D (hereinafter “instant forest”) located in the Gyeongnam-gun, Chungcheongnam-gun, Chungcheongnam-gun, and the land adjacent to the Plaintiff is 1038 square meters of a F-gun, Chungcheongnam-gun, Chungcheongnam-gun, which is owned by the Plaintiff.

B. On April 15, 2015, the Plaintiff sold the instant forest land to the Defendants for KRW 180,000,000 (hereinafter “instant sales contract”) and the Defendants agreed to pay to the Plaintiff the remainder amount of KRW 18,000,000 until April 15, 2015, KRW 70,000 for intermediate payment, KRW 70,000 until June 5, 2015, and the remainder amount of KRW 92,00,000 until June 25, 2015.

C. On June 2015, the Plaintiff had not received KRW 50,000,00 from the Defendants from the said Defendants, and had issued necessary documents before the registration regarding the instant forest to the Defendants. The Defendants completed the registration of transfer of each share ownership (each share of 1/2) in the name of the Defendants under Article 10018 of the receipt of mechanical devices, such as Changwon District Court’s Changwon District Court 2015, on June 25, 2015 regarding the instant forest.

[Ground of recognition] Facts without dispute, Gap evidence No. 1, Eul evidence No. 1 (including virtual number), the purport of the whole pleadings

2. Determination

A. According to the above facts of recognition, the Defendants are liable to pay each of the Plaintiff the balance of KRW 50,000,000 and delay damages for the remainder of the sales contract of this case.

B. As to this, the Defendants asserted, “The instant forest has agreed to deliver to the Defendants the documents necessary prior to the registration of the said access road to the blind land that is installed on another’s land only through the access road (the part of F.F. 1038 square meters in Gyeong-gun, Chungcheongnam-gun). At the time of the instant sales contract, the Plaintiff agreed to deliver the said documents to the Defendants.” The Defendants simultaneously make a simultaneous performance defense, stating, “The said documents shall not be paid KRW 50,000,000 until the said documents are delivered.”

Sheet, Eul evidence Nos. 2 and 3 (in the case of evidence Nos. 2, including the branches number).

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