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(영문) 서울북부지방법원 2016.03.18 2015나5376
매매대금
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

Reasons

1. Determination on the cause of the claim

A. On August 8, 2013, the Plaintiff entered into a sales contract with the Defendant, setting the sales amount of KRW 20 million with respect to the amount of KRW 402 square meters (hereinafter “instant land”) owned by the Plaintiff, Chungcheongnam-si, Chungcheongnam-si (hereinafter “instant land”). The same month.

9. The fact that the registration of ownership transfer was completed in the name of the Defendant prior to the receipt of the above purchase price, and on December 28, 2013, the Plaintiff entered into a sales contract with the Defendant, setting the purchase price of the said land as KRW 30 million with respect to the said land owned by the Plaintiff at KRW 578 square meters (hereinafter referred to as “each of the instant land”). The fact that the registration of ownership transfer was completed in the name of the Defendant prior to the receipt of the above purchase price on January 14, 2014 is not disputed between the parties, or that the fact that the registration of ownership transfer was completed in the name of the Defendant prior to the receipt of the above purchase price is not in dispute between the parties, or that the Plaintiff entered in the evidence Nos. 1 and 2 (

B. According to the facts of the above determination, the Defendant is obligated to pay to the Plaintiff the total purchase price of each of the instant lands in KRW 50 million and damages for delay calculated at the rate of 20% per annum from December 19, 2014 to the date following the delivery of a copy of the complaint of this case, as sought by the Plaintiff, according to each of the above sales contracts.

2. Judgment on the defendant's defense

A. The Defendant’s defense of payment of the purchase price of each of the instant lands was either paid upon the request of the Plaintiff’s mother(s) E and F by agreement or upon agreement between the Defendant, E and F, and thus, the Defendant asserted to the effect that the Defendant’s obligation to pay the purchase price of each of the instant lands to F remains only a matter of settlement among the parties, and that the Defendant’s obligation to pay the purchase price to the Plaintiff was entirely extinguished.

Therefore, an agreement is reached between E and F, or between the third party, including the Defendant, to receive F the purchase price of each of the instant lands.

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