매매대금반환
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. The Plaintiff is the owner of a house with a 108 square meters and its ground (hereinafter “each of the instant real estate”) in Ansan-gu, Ansan-gu.
On June 30, 2015, the Plaintiff completed the registration of ownership transfer on the grounds of sale as of May 20, 2015, with 1/2 shares each of the instant real property to Defendant and D, respectively.
[Ground for recognition] Unsatisfy
2. Determination as to the cause of action
A. The Plaintiff’s assertion 1) Although the Plaintiff sold each of the instant real estate to the Defendant in KRW 310,50,000,000, the Plaintiff conspired with the Defendant and the broker and caused the Plaintiff to prepare a false sales contract (Evidence 1) stating that the purchase price was KRW 241,750,000. The actual purchase price was KRW 310,50,000, and the Defendant paid only KRW 240,220,00,00, and the Defendant paid only KRW 240,280,00,000, the Defendant should pay the remainder of the purchase price to the Plaintiff. (2) The Defendant’s assertion that the Plaintiff sold each of the instant real estate to the Defendant on May 20, 2015, and paid the remainder of KRW 240,50,000,000,000 to the Defendant and paid the remainder of KRW 24,000,00,000.
However, upon requesting the Plaintiff to grant a loan for construction cost, the Defendant: (a) received a receipt (Evidence A) that the sales contract (Evidence A1) contains KRW 70,500,000,000, and paid KRW 70,000,000, which is the difference between the Plaintiff and the intermediate payment (Evidence A3).
On June 23, 2015, the Plaintiff requested for an additional payment of the purchase price, and the Defendant, upon paying the intermediate payment of KRW 100 million to the Plaintiff, recovered the original copy of the sales contract with Gap evidence No. 1, and adjusted the partial increase in the purchase price, thereby making a new sales contract (Evidence No. 1) with KRW 241,750,000.
Since the Defendant paid the purchase price in full, the Plaintiff’s assertion is without merit.
B. Determination 1) On May 20, 2015, the content of the real sales contract submitted by the Plaintiff, the purchaser of the sales contract (in the certificate No. A1, the purchase price of the Defendant, the sales price of KRW 310,500,00, and the down payment.