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(영문) 전주지방법원 2016.08.12 2015가단35616

매매대금

Text

1. The plaintiff's respective claims against the defendants are all dismissed.

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

Reasons

1. Basic facts

A. On June 4, 2008, the Plaintiff and Defendant B concluded a sales contract with regard to the third floor D (hereinafter “instant building”) of the second floor D located in Jeonju-gun, Jeonbuk-gun, the Plaintiff owned by the Plaintiff, with the sales amount of KRW 80,000,000 (hereinafter “instant sales contract”).

B. At the time of the instant sales contract, KRW 10,00,000 for the down payment shall be paid on the date of the contract, and KRW 30,000,000 for the secured obligation of the agricultural cooperative established with respect to the instant building, which was established on the date of the contract, was acquired by Defendant B in lieu of payment, and the remainder KRW 40,000,000 was paid until June 20, 2008. Defendant B paid the down payment to the Plaintiff on the date of the contract.

C. Around June 20, 2008, Defendant B paid the remainder of KRW 40,000,000 to Nonparty E under the instant sales contract.

Upon Defendant B’s request on June 27, 2008, the Plaintiff completed the registration of ownership transfer for reasons of the sale on June 4, 2008, No. 43706, which was received on June 27, 2008 from the Jeonju District Court.

[Reasons for Recognition] Facts without a partial dispute, Gap evidence Nos. 1, 2, and 4, the purport of the whole pleadings

2. The plaintiff's cause of claim and judgment on the cause of claim

A. Defendant B, which caused the Plaintiff’s claim, paid to Nonparty E the remainder of KRW 40,00,000 under the instant sales contract. Since Defendant B did not have agreed to do so, Defendant B shall pay to the Plaintiff the remainder of KRW 40,00,000 under the instant sales contract, and Defendant C shall be jointly and severally liable with Defendant B with regard to the payment of the remainder under the instant sales contract, the Defendants are jointly and severally liable.

B. Therefore, the Plaintiff did not agree to the payment of the balance under the instant sales contract to Nonparty E on the sole basis of the evidence submitted by the Plaintiff, and Defendant C.