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(영문) 대전지방법원 2019.09.19 2018나4282

매매대금

Text

1. The judgment of the court of first instance is modified as follows.

The defendant shall pay to the plaintiff KRW 17,708,190 as well as to the plaintiff on October 2017.

Reasons

Basic Facts

As to this part of the parties' assertion, it is identical to the corresponding part of the reasoning of the judgment of the court of first instance (1. and 2. of the grounds). Therefore, it is acceptable to accept it as it is by the main sentence of Article 420 of the Civil Procedure

Judgment

The sales contract of this case stated that the sales price of this case is KRW 85 million.

As long as the authenticity of a disposal document is recognized, the court shall recognize the existence and content of the declaration of intent in accordance with the content of the document unless there is any reflective proof, and shall not reject it without reasonable explanation, but if it is recognized that there is an express or implied agreement different from the content of the document, it may recognize facts different from the content of the document, and in interpreting the legal act of the maker, it may determine it as free influent evidence to the extent that it does not violate the empirical rules and logical rules.

(1) In light of the above legal principles, the Plaintiff and the Defendant set the sales price at KRW 65 million, unlike the entry in the sales contract, in light of the following facts and circumstances: (a) the Plaintiff and the Defendant, as at the time of the instant sales contract, set the sales price at KRW 65 million, based on the overall purport of the pleadings in light of the aforementioned legal principles. In full view of the following facts and circumstances, it is reasonable to deem that the Plaintiff and the Plaintiff, unlike the entry in the sales contract, set the sales price at KRW 65 million.

D consistent with the first instance court and the first instance court, as to the circumstances in which the actual purchase price of the instant sales contract was determined, “the first instance court decided to sell to the Defendant the instant land (897.87 square meters) and the other land (H, 3210 square meters) owned by the Plaintiff in total at KRW 165,00,000,000. The said amount is determined by adding three million won to the amount derived from calculating the instant land as KRW 75,00 per square year, and H land as KRW 30,000 per square year.

However, there is no access road to H land.