(영문) 인천지방법원 2015.01.27 2013가단95888

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(영문) 인천지방법원 2015.01.27 2013가단95888

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. On December 2, 2004, the Plaintiff: (a) sold KRW 127,965,000 (hereinafter “instant land”) to the Defendant for KRW 1,484 square meters (44.9 square meters; hereinafter “the instant land”); (b) concluded a sales contract with the Defendant for the payment of KRW 30,000,000 for intermediate payment, KRW 30,000 for intermediate payment, KRW 87,965,00 for the remainder payment, KRW 87,965,00 on January 30, 2005 (hereinafter “instant contract”).

At the time of the instant contract, the Plaintiff and the Defendant transferred the instant land to the Defendant by dividing it into 225 square meters and 223.9 square meters.

B. On February 14, 2005, the Plaintiff divided the instant land into 745 square meters (hereinafter “1 land”) and 739 square meters (hereinafter “2 square meters”) before Incheon po-gun, Incheon po-gun, Incheon po-gun, and completed the registration of ownership transfer with respect to the land No. 1, and completed the registration of ownership transfer with respect to land No. 2 to E designated by the Defendant.

[Ground of recognition] Facts without dispute, Gap evidence 3-1, 2, Gap evidence 4, Eul evidence 5, the purport of the whole pleadings

2. The plaintiff's assertion and judgment as to the plaintiff

A. (1) As to the Plaintiff’s assertion of payment of the remainder and the claim for cancellation of a contract, the Plaintiff’s assertion was divided into the instant land in accordance with the instant contract and completed the registration of ownership transfer with respect to the land 1 and 2, but the Defendant did not pay the remainder of KRW 42,465,00 to the Plaintiff.

Therefore, the defendant shall pay the remaining 42,465,00 won to the plaintiff, and even if not, the plaintiff will cancel the contract of this case on the ground of the defendant's default.

(2) The contract of this case contains the following special terms and conditions:

(1) A seller shall transfer his/her land to a purchaser after obtaining permission to divert such land.

(2) The farmland creation cost shall be borne by a seller and borne by a buyer.

(3) A delegation letter for sale of real estate and its owner entered in the certified copy of the register.

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