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(영문) 서울북부지방법원 2015.06.18 2014가합5313

양수금

Text

1. The plaintiff's claim is dismissed.

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

Reasons

B. Around 2013, D drafted a written agreement with regard to the above subcontract, and the Defendant signed and sealed the said written agreement as a observer.

C. (1) On March 11, 2013, 2013, the land of this case is 330 square meters of forest E-Gun in Chungcheongnam-nam budget-gun (hereinafter “instant land”).

A) As to the sales contract, the sales contract (hereinafter “instant sales contract”) consisting of KRW 1,50,000,000 for the seller, the buyer, the Plaintiff, and the sales price of KRW 1,50,000.

- The contract is drawn up. - The buyer will be a substitute contract related to the construction cost of Filwon in Chungcheongnam-gun, Chungcheongnam-gun. - The buyer will confirm that the parties with whom the construction of the structural frame of the above parcel number was conducted, agree to and will not raise any objection to the contract. D (Signature) contract is confirmed, and the part related to the transfer of ownership is based on the administrative processing (division and completion). - The sale amount shall be set at 1.5 million won per square year and shall be settled at the ordinary price at the time of a subsequent change in the area. * The contract of this case shall be adjusted at 1.50,000 won per square year. - the contract of this case shall be adjusted in full / full 2) The following are written:

【Ground of recognition】 The fact that there has been no dispute, entry of Gap Nos. 1, 2, 3, 4, and 5, the purport of the whole pleadings

2. The parties' assertion

A. The Plaintiff’s assertion 1) D transferred to the Plaintiff the claim for construction cost of KRW 150 million against the Defendant, and the Defendant consented to the assignment of the claim, and accordingly, the instant sales contract was prepared with the Plaintiff and the Defendant to accord and pay the instant land in lieu of the payment of the said construction cost. That is, the Plaintiff is a party to the instant sales contract, and as alleged by the Defendant, the agreement between D and the Defendant that the Plaintiff would register the instant land as the Plaintiff does not constitute a contract for a third party. 2) The Defendant, as well as the initial agreement, was concluded for more than two months after the conclusion of the instant sales contract.