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1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
Purport of claim and appeal
The first instance court.
Reasons
1. If there is no dispute between the parties to the judgment as to the cause of the claim, or if Gap evidence Nos. 2 (the evidence Nos. 7-3, 13, the same shall apply), Eul evidence Nos. 1, 2, Eul evidence Nos. 7-1 (the evidence No. 14, the same shall apply), 2, and witness testimony of the first instance trial, and the whole purport of pleadings, the plaintiff entered into a sales contract with the defendant on September 23, 2004 to sell 40 square meters out of the purchase price of 50,000,000 won to the defendant for 50,000 won, or 20,000 square meters out of the above land prior to the division (the above 20,000 square meters out of the sale price of 20,000 square meters out of the land prior to the division (the above 20,000 square meters out of the sale price of 30,000 square meters, 20,7400.
Therefore, barring special circumstances, the Defendant is obligated to pay the remaining purchase price of KRW 1,000,000 ( KRW 75,000,000-74,00,000) and damages for delay to the Plaintiff.
(A) The Plaintiff sought payment of the above sales price to the designated parties C, but the fact that the Plaintiff entered into the above sales contract with the Defendant, not the appointed parties C, is as seen earlier, and there is no evidence to prove otherwise that the appointed parties C bears the obligation to pay the above sales price to the Plaintiff, and the Plaintiff’s assertion as to the designated parties C is without merit). 2. The Defendant’s defense is without merit.
A. The defendant asserts that 74,00,000 won out of the above purchase price shall be remitted to a deposit account, and the remaining 1,000,000 won shall be paid in cash at a certified judicial scrivener office on December 24, 2004, and all of the purchase price shall be paid to the plaintiff.
B. Determination No. 2 and No. 3