(영문) 서울중앙지방법원 2018.05.24 2017나69931

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(영문) 서울중앙지방법원 2018.05.24 2017나69931

매매대금반환

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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

1..

Reasons

1. Basic facts

A. On June 19, 2016, the Plaintiff and the Defendant completed the registration of ownership transfer in the name of G with respect to each of the land above the Gyeonggi-si C, D and the second floor building constructed on the land above (hereinafter “instant real estate”), and the said building is registered as G by its owner in the unregistered state or building ledger.

The sales price for A shall be KRW 850 million, and the down payment shall be KRW 50 million at the time of the contract, the intermediate payment shall be KRW 400 million on September 20, 2016, and the balance shall be KRW 400 million on June 20, 2017, respectively, and the sales contract (hereinafter “instant sales contract”) was concluded with the effect that “the balance between the transfer of the registration and the concurrent payment at the time of advance payment shall be established” as a special agreement.

B. On June 20, 2016 and July 11, 2016, the Plaintiff paid the Defendant the sum of KRW 50 million as down payment according to the instant sales contract.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and 2, the purport of the whole pleadings

2. The plaintiff's assertion and judgment

A. The Plaintiff asserted that the Plaintiff want to purchase the instant real estate to E who arranged for the instant sales contract, but there was only KRW 200 million. Of E’s intermediate payment, KRW 200,000,000 from E’s intermediate payment received a loan from the bank introduced by himself/herself, and the remainder of KRW 400,000,000 should be established and paid later in the name of the Plaintiff’s real estate in the name of the Plaintiff. Under such circumstances, the Plaintiff concluded the instant sales contract with the Defendant on September 19, 2016 for the payment of KRW 200,000,000,000 as security, from the Yangsung F branch of the Republic of Korea.

However, the second time of the intermediate payment is changed by the defendant's attitude, and the second time should be the first priority on the remainder 400 million won, and the second time of the intermediate payment should be the second time.

On September 27, 2016, the Plaintiff is about KRW 200,000 and KRW 200,000.

유사 판례

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