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(영문) 서울고등법원 2016.07.21 2016나2002817
매매대금
Text

1. The plaintiff's appeal is dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. Basic facts

A. On May 18, 2009, the Plaintiff (based on corporate registration information, continuation of the company on December 1, 2015) completed the registration of ownership transfer for multi-household housing located in Seodaemun-gu Seoul Metropolitan Government (hereinafter “instant multi-household housing”) on the ground of sale on April 18, 2009 under his/her name as to multi-household housing located in Seodaemun-gu Seoul Metropolitan Government (hereinafter “instant multi-household housing”).

B. As to the instant real estate, on May 12, 2009 between the Plaintiff and D, a real estate sales contract (Evidence A No. 1) entered into between the Plaintiff and D as “the seller, the purchaser D, and the purchase price of KRW 343 million,” and on June 10, 2009, the registration of transfer of ownership was completed on the ground of sale as of May 12, 2009.

C. As to the instant real estate, on May 10, 2010, a real estate sales contract (Evidence A No. 4; hereinafter “instant sales contract”) entered as “the seller D, the buyer, the Defendant, and the sales price of KRW 3550 million” was entered into between D and the Defendant, and on June 21, 2010, the registration of transfer of ownership was completed on the grounds of sale as of May 10, 2010.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, and 4, the purport of the whole pleadings

2. Summary of parties' arguments;

A. The Plaintiff concluded a sales contract with the Plaintiff E (her husband of D) on the instant real estate, but agreed on the said contract due to the nonperformance of obligations on the part of E.

Since then, when the Plaintiff entered into a sales contract with the Defendant for the sale of the instant real estate, the Plaintiff: (a) entered into the sales contract with the Defendant; (b) under an agreement between the Plaintiff E-Defendant 3, D, the owner of the said real estate at the time,

The Defendant paid only KRW 200 million out of the purchase price under the above sales contract (including the Plaintiff’s subrogation of KRW 190 million in relation to the instant real estate) and the remainder of KRW 150 million.

The defendant shall pay 150 million won to the plaintiff, which has not been paid.

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