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(영문) 인천지방법원 2017.03.30 2016가단232534

매매대금

Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. The defendant is a partner of D, the plaintiff A is the husband of D, and the plaintiff B is the only child born under D and the plaintiff A's slot.

B. The Plaintiff owned 550 square meters of forest E (hereinafter “instant land”); D owned 50 square meters of forest forest 550 square meters of forest land (hereinafter “instant F land”) in Jinjin-si and 1,665 square meters of G forest 1,65 square meters of forest land (hereinafter “instant G land”) in Jinjin-si.

(hereinafter referred to as “instant real estate” in combination with all the said real estate.

On March 11, 2014, the Defendant completed the registration of transfer of ownership (the transaction value of KRW 80 million) with respect to the instant land under Article 10764, which was received by the competent registry office of the Daejeon District Court on February 27, 2014. The Defendant completed the registration of transfer of ownership (the transaction value of KRW 80 million) with respect to the instant land under Article 10765, which was received by the competent registry office of the Daejeon District Court (the transaction value of KRW 80 million). As to the instant G land under Article 10766, the registration of transfer of ownership (the transaction value of KRW 200 million) with respect to the instant land was completed.

As above, on March 4, 2014, prior to the completion of the registration of ownership transfer, the Defendant borrowed KRW 250 million from one bank, and remitted the said KRW 250 million to D on March 5, 2014.

E. D died on April 30, 2014.

[Ground of recognition] Facts without dispute, Gap evidence 1 to 6, and Eul evidence 1, the purport of the whole pleadings

2. On February 28, 2014, the Plaintiffs asserted D and Plaintiff A (hereinafter referred to as “Plaintiff, etc.”) concluded a sales contract with the Defendant to sell the instant real estate in total to KRW 360 million (i.e., KRW 80 million) (i., KRW 80 million). At the Defendant’s request, the Plaintiff issued documents necessary for the transfer of ownership before receiving the full payment of the purchase price, and the purchase price was to be paid in lump sum by March 7, 2014.

The Defendant remitted KRW 250 million to D on March 5, 2014 and did not pay the remainder of the purchase price. Therefore, the Defendant is Plaintiff A and D.