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1. Of the judgment of the court of first instance, the part against the defendant in excess of the money ordered to be paid below shall be revoked.
Reasons
1. Basic facts
A. On October 16, 2012, the Defendant: (a) purchased the purchase price of KRW 260,000,000 from the Plaintiff for the purchase of the purchase price of KRW 840,000,000 from the Nam-gu, Ulsan-gu; and (b) agreed that KRW 50,000,000, the remainder amount of KRW 210,000,000 on the date of the contract, and the remainder amount of KRW 210,00,00 shall be paid until November 15, 2012.
With respect to the 4/5 shares, the defendant's land E, and with respect to the 1/5 shares, the registration of transfer of each ownership (shares) in F, which is the defendant's incidental, has been completed.
2. Determination as to the cause of action
A. The Plaintiff’s assertion 1) The Defendant paid only 140,000,000 won out of the real estate purchase price, and is obligated to pay the remainder amount of KRW 120,000,000 as well as damages for delay. (2) The Defendant paid the down payment of KRW 50,000 on the date of the contract, and the remainder of KRW 210,000,000 to G to arrange real estate transactions between the Plaintiff and the Defendant.
G paid an administrative fine of KRW 28,726,00 on behalf of the Plaintiff, and paid KRW 110,00,000 on behalf of the Plaintiff, and the remainder was paid by using the attorney’s fee and brokerage fee (20,000,000) related to civil litigation between the Plaintiff and H as the above money.
Therefore, there is no reason to respond to the plaintiff's request.
B. 1) In full view of the entries in Gap evidence No. 1 and the results of the first instance court’s order to submit financial transaction information to Korea Post, the Defendant affixed KRW 50,000,000 to the Plaintiff on the day of the contract deposit (Evidence No. 1, and I, in de facto marital relation with the Plaintiff, affixed a seal on the column where the down payment is the down payment.
(2) On February 1, 2013, the payment of KRW 100,000 out of the remainder through G is recognized. 2) Meanwhile, on the other hand, on February 1, 2013, the real estate for sale and purchase purpose is included in the statement under subparagraph 1.