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(영문) 수원지방법원평택지원 2012.12.06 2011가합4829

양수금

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 April 26, 2010, the Defendant entered into a sales contract between the Defendant and C (i) the share of 134/375 square meters out of land of Pyeongtaek-si D 86 square meters and E field land of 375 square meters owned by Pyeongtaek-si (hereinafter “instant one”).

2) B. B. 698,775,00 square meters, F 542 square meters of land (hereinafter “instant 2 land”)

1) The sales contract to purchase KRW 1,722,00,000 (hereinafter referred to as “instant one contract”)

Upon entering into a contract, any balance remaining after 242,07,50 won was paid within 90 days after the land transaction permission was granted, and the Defendant again concluded a contract for fixed terms after the land transaction permission. The Defendant paid 242,07,500 won to C on the same day. 2) After obtaining land transaction permission for the instant land on May 13, 2010, the Defendant and C concluded a new contract for the instant land on May 24, 2010 with the purchase price of KRW 1,72,00,000, and the remaining payment date of KRW 10,000,000 on September 13, 2010, the sales contract for the instant land was concluded again with the Defendant on July 9, 2010 with the sale price of KRW 64,00 (hereinafter “the instant land”). The remainder of the purchase price of KRW 30,000,000 on each of the instant land, 10,000,71.

(F) The Defendant and C, through the conclusion of the instant two contracts, did not increase the purchase price stipulated in the instant one contract, and did not include the instant three land in the subject-matter of sale. However, C, May 24, 2010, with respect to each of the instant land, KRW 833,000,000, and the debtor IM comprehensive construction company.