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(영문) 서울고등법원 2016.07.15 2015나2050949

매매대금

Text

1. The plaintiff's appeal and the claim extended in the trial and the additional preliminary claim are all dismissed.

2. Appeal;

Reasons

1. Whether a claim for payment of the purchase price exists - Judgment on the main claim

A. The plaintiff's summary of the plaintiff's assertion asserts that the plaintiff purchased the D Building 1907, 1912, 1913, and 1922 (hereinafter "the real estate of this case") in total at KRW 392,639,40 (the price for each subparagraph of this case is KRW 98,159,850), and sold it to the defendants on November 9, 2005. At the time of sale, the plaintiff decided to acquire the defendants with a loan obligation of KRW 170,368,00,00 which was secured by the real estate of this case, and the defendants are jointly and severally liable to pay the balance of KRW 22,271,40,00, which remains after deducting the price.

B. First, we examine whether the Defendants are the purchaser of the instant real estate.

According to the statements in Gap evidence 7-1 through 4, Eul evidence 9 through 12-12, Eul evidence 1-1 through 4-4, the plaintiff entered into a sales contract with F Co., Ltd. (the representative E) around May 2003 in the name of G with the real estate of this case as KRW 94,659,850 for each subparagraph, and thereafter the contract succession agreement on the real estate of this case was entered into on November 9, 2005 under the name of defendant B (the nameO after the name was opened; hereinafter "Defendant B"), and on November 10, 2005, the ownership transfer registration was completed with respect to the real estate of this case under the name of defendant B, and on November 111, 2005, the registration of the real estate lease was completed.

However, evidence Nos. 2, 4, and 5 1, 2, 6, 24-1, 24-2, and part of the testimony of the witness of the court of first instance. ① A borrowed money from another person after becoming a bad credit holder or purchased real estate after having become a witness of the court of first instance. At the time of the preparation of the contract succession agreement, at the request of the Defendant B, the mother of his female-friendly relationship, the Defendant B opened an account with the Korea Exchange Bank under the name of the Defendant B.