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(영문) 수원지방법원평택지원 2020.07.09 2019가합14327
매매대금
Text

The plaintiff's claim is dismissed.

Litigation costs shall be borne by the plaintiff.

Reasons

1. Basic facts

A. The Plaintiff was the owner of Pyeongtaek-si 1,010 square meters and 1,463 square meters of forests and fields (hereinafter “each of the instant real estate”).

B. On April 26, 2007, the Plaintiff sold each of the instant real estate in KRW 980 million to E Co., Ltd. (hereinafter “E”).

(hereinafter “instant sales contract”). C.

The Plaintiff received the down payment of KRW 98 million on the date of entering into the instant sales contract from E, and the intermediate payment of KRW 588 million on August 24, 2007, respectively, and agreed to receive the remainder within 30 days from the date of announcement of the disposition of replotting.

At the time of the conclusion of the instant sales contract, the Plaintiff expressed concerns about the fact that the remainder date is not specified, and the F of E’s representative (the representative of the Defendant is the representative of the Defendant) made up a letter of undertaking with the following contents.

The balance date shall be the public notice date of disposition of replotting, and if the plaintiff requests after the rent, the balance date may be changed.

The property tax and various public charges on the land which are imposed on the seller at the latest related to the payment of the intermediate payment after the intermediate payment shall be supported by the buyer.

At least 10% of the expected data of the current transfer income tax shall be agreed upon by the purchaser.

(within 50 per cent - Increase)

E. On August 24, 2007, the Plaintiff completed the registration of transfer of ownership on the ground of the same day with respect to 1,463 square meters of Pyeongtaek-si D Forest on the same day, on which the intermediate payment was paid.

F. The Plaintiff requested E to specify the payment date of the remainder under the instant sales contract, and on October 13, 2008, E prepared a letter of commitment stating that “The date of the remainder shall be determined within 30 days from the date of the public notice of disposition of replotting disposition, but the date of the remainder shall be changed after prior consultation three months before 2009.”

G. On October 31, 2008, the Plaintiff completed the registration of ownership transfer in G Co., Ltd. based on the same day trust with respect to the area of 1,010 square meters prior to Pyeongtaek-si on the same day.

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