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(영문) 의정부지방법원 2018.04.19 2016가단107073
매매대금
Text

1. All of the plaintiff's claims are dismissed.

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

Reasons

B. On March 20, 20, the Plaintiff concluded a sales contract with G on March 20, 2014, which stipulates that the intermediate payment of KRW 480 million shall be paid on March 20, 2014; and the remainder of KRW 600 million shall be paid on April 20, 2014; and the Plaintiff paid KRW 80 million the down payment to G.

C. On March 2014, the Plaintiff was staying in a foreign country, and the I stated that the date of conclusion of the instant contract was March 7, 2014 on behalf of the Plaintiff on March 4, 2014.

The Defendant entered into a contract to sell the above land (hereinafter “instant contract”) with the Defendant, and the gist thereof is as follows.

The remainder of the down payment of KRW 5 million for the instant contract purchase price of KRW 1,000,000 shall be paid on March 30, 2014, KRW 1,000,000,000,000.

(A) Article 5 (Cancellation of Contract) The defendant shall pay to the plaintiff an intermediate payment (if there is no intermediate payment, the remaining sum) before paying the intermediate payment (in the absence of intermediate payment), and the defendant may waive the down payment and rescind the contract.

* Matters of special agreement

1. The contract is made with the Plaintiff on March 10, 2014.

Since then, the Defendant did not conclude the principal contract under the instant contract with the Plaintiff.

E. Rather, the Defendant, separately from the foregoing, entered into a sales contract with G around March 20, 2014, to purchase the instant land KRW 885 million, paid KRW 885 million to G, and completed the registration of ownership transfer on April 29, 2014 as to each of the instant land.

[Grounds for recognition] Facts without dispute, Gap evidence Nos. 1 and 2, Eul evidence Nos. 1 and 1 (including serial numbers; hereinafter the same shall apply), and the plaintiff's ground for claim as to the whole purport of the pleading as to the plaintiff's claim (selective claim) asserted that the plaintiff sought payment of the balance of KRW 95 million under the contract of this case, and that the defendant promised to pay the above amount of KRW 95 million to the plaintiff, and that the plaintiff sought payment of the balance or agreed amount of KRW 95 million and damages for delay.

(e).

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