(영문) 창원지방법원 2019.08.08 2018가단113501

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(영문) 창원지방법원 2019.08.08 2018가단113501

매매대금

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1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. The pertinent Plaintiff was the owner of each real estate listed in the separate sheet (hereinafter “instant real estate”), and the Defendant was transferred the ownership registration of the instant real estate from the Plaintiff.

B. 1) The Plaintiff and the Defendant drafted a sales contract concerning the instant real estate as of December 6, 2017 (hereinafter “instant sales contract”).

(2) According to the instant sales contract, under the sales contract, KRW 100 million out of the purchase price is paid at the time of the contract, and the intermediate payment of KRW 500 million is replaced by the buyer’s succession to the secured debt amount of KRW 600 million with the maximum debt amount of KRW 500 million, and the remainder of KRW 150 million is paid on February 6, 2018.

The seller has issued necessary documents for ownership transfer and cooperate in the registration procedure at the same time with the payment of the balance.

C. On December 6, 2017, the Plaintiff completed the registration of ownership transfer on the instant real estate on the grounds of sale on the same day in the future of the Defendant.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 4, 5, and 6, the purport of the whole pleadings

2. Determination

A. (1) The Plaintiff’s assertion as to the claim for the purchase price is not only the Plaintiff’s transfer of ownership to the instant real estate, but also the remainder of KRW 150 million is not paid even after the remainder payment date of the purchase price stipulated in the instant sales contract.

The defendant is obligated to pay to the plaintiff the balance of KRW 150 million and delay damages.

B. The Plaintiff concluded a sales contract with the Defendant C on the instant real estate.

The actual purchaser of the instant real estate is C, and the Defendant concluded a title trust agreement with C and lent only the registration name.

The defendant is not obligated to pay the purchase price as it is not proper to conclude the contract with the plaintiff, and C and the defendant.

유사 판례

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