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(영문) 서울중앙지방법원 2017.01.26 2016가합505757

매매잔대금등

Text

1. All of the plaintiff's claims are dismissed.

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

Reasons

1. Basic facts

A. On December 4, 2012, the Plaintiff: (a) assessed the instant land as KRW 19438 square meters of C forest and 19438 square meters of C forest and 302 square meters of D forest and 302 square meters of land (hereinafter “instant land”); and (b) concluded an agreement on December 4, 2012, which evaluated the instant land as KRW 1434 square meters of forest and 5104 square meters of G forest and 19438 square meters of forest and 5104 square meters of land as of December 17, 2012; (c) on December 17, 2012, the said land was combined with the said two land and 708 square meters of land owned by the Defendant, and entered into an agreement with the Plaintiff to exchange the instant land as KRW 920 million (hereinafter “instant land and building”).

Upon entering into the instant exchange agreement, the Plaintiff and the Defendant substituted the Plaintiff’s payment of KRW 300 million out of the difference between the appraised value of Jeju pent and the instant forest within the meaning of KRW 420 million by acquiring the Defendant’s loan obligations to Jeju pention in lieu of the Plaintiff’s payment of KRW 300 million. KRW 50 million in lieu of the lease deposit that the Defendant would pay from the Plaintiff while leasing the instant Jeju pention, the Plaintiff agreed to pay the remainder of KRW 70 million in person to the Defendant.

B. At the time of the conclusion of the instant exchange agreement, the Plaintiff and the Defendant sold the instant forest to F Co., Ltd., the Defendant, working as the representative director (hereinafter “F”), and the Plaintiff prepared a real estate sales contract in the form of selling the instant housing to F Co., Ltd., the Plaintiff, and the Defendant, respectively. The main contents of each of the instant real estate sales contract are as follows.

(2) Each of the above real estate sales contracts (hereinafter referred to as the “instant housing sales contract”) and the “instant forest sales contract” (hereinafter referred to as the “instant housing sales contract”).

1. E in Jeju-si: 708 square meters (current);

2. 587 square meters after the relevant cadastral arrangement;

3. Article 1 of the E-building (total floor area) of 315.58 square meters.