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(영문) 춘천지방법원 강릉지원 2018.10.17 2017가단36068

매매대금

Text

1. The plaintiff (Counterclaim defendant)'s main claim is dismissed.

2. The plaintiff (Counterclaim defendant) is 424,032 won against the defendant (Counterclaim plaintiff).

Reasons

1. Facts of recognition;

A. On December 9, 2015, the Plaintiff entered into a contract (hereinafter “instant sales contract”) with the Defendant to sell a multi-family house with the fourth floor of reinforced concrete structure (hereinafter “instant real estate”) located on the fourth floor above the fourth floor of the instant ground reinforced concrete structure (hereinafter “instant contract”).

B. The original Defendant: (a) prepared a “consumpt contract” with the term 1,030,000,000 won, which is lower than the actual amount; and (b) reported the transaction.

C. On December 10, 2015, on the instant real estate, the registration of ownership transfer was made in the Defendant’s future, and the registration of alteration of the right to collateral security made for the debtor to take over the contract on the same day with respect to the remaining Saemaul Depository’s maximum debt amount of KRW 650,000,000, and the right to collateral security, the Plaintiff

On the same day, the registration of creation of a neighboring mortgage of KRW 130,000,000 for the maximum debt amount of KRW 130,000 for the above credit cooperative and the registration of creation of a neighboring mortgage of KRW 220,000 for the above ground buildings was cancelled due to each termination.

The Defendant filed a complaint with the Plaintiff and E as attempted litigation fraud, and the Plaintiff was investigated by an investigative agency, and stated that the price of the instant sales contract was KRW 1.23 million.3 million.

Accordingly, on October 27, 2016, the three-party market imposed an administrative fine of KRW 1,230,000,000 on the original defendant for violation of the Act on Report of Real Estate Transactions.

E. On February 27, 2016, E filed a lawsuit against the Defendant seeking payment of the agreed amount of KRW 100 million at this court’s 2016da50777, and the said court rendered a favorable judgment of the Plaintiff on November 23, 2016, and the said judgment became final and conclusive around that time.

Accordingly, the defendant paid the above KRW 100 million to E.

[Ground of recognition] Facts without dispute, Gap evidence 1, Eul evidence 1, Eul 2, 6 (including each number), the purport of the whole pleadings

2. Judgment on the principal lawsuit

(a)a Party;