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(영문) 대전지방법원 2018.06.01 2017가단5065
매매대금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. On May 22, 2014, the Plaintiff and the Defendant: (a) sold the said real estate in KRW 200 million to the Defendant; (b) received the down payment on the same day; and (c) written a sales contract with the Defendant’s succession to the remainder KRW 80 million on May 28, 2014, with respect to the Plaintiff’s single house and Class II neighborhood living facilities (E real estate) of reinforced concrete structure and its ground reinforced concrete structure, which were owned by the Plaintiff; (b) between the Plaintiff and the Defendant, the said real estate was sold in KRW 20 million.

On May 30, 2014, the defendant completed the registration of ownership transfer in its name with respect to the above real estate.

B. On May 13, 2014, the Defendant and the Plaintiff, who owned the Defendant, sold the said real estate in the amount of KRW 350 million to the Plaintiff, but received the down payment of KRW 30 million on the same day, and the secured loan of KRW 120 million was entered into a sales contract with the Defendant’s cancellation of the remainder until the remainder and KRW 320 million in the remainder on May 28, 2014.

On June 9, 2014, the Plaintiff completed the registration of transfer of ownership in its name.

[Grounds for recognition] Gap evidence Nos. 1, 2, 4, Eul evidence No. 1, and the purport of the whole pleadings.

2. The plaintiff and defendant's assertion

A. The Plaintiff’s assertion 1) Although the remainder of KRW 20 million was paid out of the purchase price of the E real estate, the remainder of KRW 80 million was not paid until the expiration of the payment period. 2) The purchase price of the instant real estate was fully paid KRW 350 million.

3) Therefore, the Defendant shall pay to the Plaintiff the remainder of E’s sale of real estate amounting to KRW 80 million and interest on delay from the day following the payment date of the remainder. B. The Defendant’s assertion 1) the Plaintiff and the Defendant concluded a sales contract for E’s real estate and Masan real estate at the same time and entered into an exchange

2. The sales price of real estate in 200,000 won is considered as 350,000 won as the plaintiff's assertion.

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