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(영문) 서울서부지방법원 2019.09.27 2019나511
매매대금
Text

1. The defendant's appeal is dismissed.

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

3. Paragraph 1 of the judgment of the court of first instance is applicable.

Reasons

1. Basic facts

A. The Defendant completed the registration of ownership transfer due to inheritance due to a consultation and division made on December 16, 2017, as to Seodaemun-gu Seoul (hereinafter “instant real estate”), which was owned by the Defendant’s mother, due to the death of the mother of the Seodaemun-gu Seoul (hereinafter “instant real estate”).

The defendant, in consultation with co-inheritors, decides only his name under the name of the defendant, and completed the registration of ownership transfer concerning the real estate of this case.

B. E intended to purchase the instant real estate at KRW 450 million, and the Defendant also intended to sell KRW 450 million to KRW 450 million. However, the Defendant, co-inheritors, sought to sell KRW 453 million, and the Defendant, who was a co-inheritors, concluded a sales contract with KRW 453 million with KRW 300,000,000, which would be the Defendant, to whom the conclusion of the sales contract would not be made.

C. Accordingly, between E and E on April 19, 2018, the Defendant agreed that the Defendant shall pay to E the purchase price of the instant real estate KRW 453 million in KRW 453 million, an intermediate payment of KRW 135 million in the contract, and the remainder KRW 273 million in the payment on May 29, 2018.

A contract for sale (hereinafter “instant sales contract”) was prepared, and the Plaintiff signed and sealed the instant sales contract as a broker.

On the same day, the Defendant drafted to the Plaintiff a letter stating, “I, in selling and buying Seodaemun-gu C apartment No. D, pay to the buyer or the holder of this letter, the KRW 3 million out of the sale amount.” (hereinafter “each letter of this case”).

E. Meanwhile, on May 2, 2018, the Plaintiff remitted KRW 3 million to E, and each of the instant contracts is owned by the Plaintiff.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, and 3, the purport of the whole pleadings

2. According to the above facts of recognition, the defendant of this case, unless there are special circumstances.

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