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1. The judgment of the first instance, including the claims added at the trial, shall be modified as follows:
The defendant is against the plaintiff.
Reasons
1. Basic facts
A. On April 16, 201, the Plaintiff and the Defendant concluded a sales contract (hereinafter “sale contract in this case”) with the Plaintiff to sell 104 and 105 stores (hereinafter “each of the instant stores”) on the first floor in Ansan-si, Seoul (hereinafter “instant stores”) from the Defendant (i.e., KRW 970,327,100 (i.e., KRW 942,34,000, value-added tax of KRW 27,93,100).
B. Upon completion of the instant shopping mall around September 21, 201, the registration of ownership transfer was made in the name of the Defendant on September 21, 201 with respect to each of the instant stores. Of them, the registration of ownership transfer was completed on February 25, 2013 with respect to the 104 stores.
However, the number of 105 stores has not yet been registered for ownership transfer.
C. On April 2013, the Plaintiff entered into a rental contract with respect to the store No. 104, and entered into a rental contract with respect to the store No. 105 around January 30, 2015.
Meanwhile, according to the instant sales contract, the Plaintiff paid KRW 79,774,810 out of the total supply amount to the Defendant, but on March 7, 2014, paid the remainder to the Defendant KRW 115,552,290.
There is no dispute between the parties that the reduction of 50 million won among the total sale price is made.
Meanwhile, Article 1 of the instant sales contract provides that the payment date of the remainder shall be the time of completion of the sales contract, and Article 7 of the sales contract shall take 15% overdue interest per annum if the payment of the balance is delayed. However, according to the purport of Article 13 through 17 and the entire pleadings, each of the instant stores is recognized as having agreed to pay the balance after the completion of lease, and thus, the Plaintiff did not incur any overdue interest until the payment of the balance is made on March 7, 2014.
[Reasons for Recognition] Facts without dispute, Gap evidence Nos. 1, 4, 14, 18 (including branch numbers; hereinafter the same shall apply) and arguments.