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(영문) 대전지방법원 2020.11.11 2019가단104393

매매대금

Text

All of the plaintiff's claims are dismissed.

Litigation costs shall be borne by the plaintiff.

Reasons

1. Basic facts

A. As to the ownership share of 133/358 square meters (hereinafter collectively referred to as “instant first real estate”) among the 800 square meters of forest land and 1,428 square meters in the name of the Plaintiff and 1,428 square meters in the name of the Plaintiff, and the ownership share of 34/198 square meters in the name of 198 square meters in the name of H prior to H, and 358 square meters in the name of 358 square meters in the name of the Plaintiff, Defendant B and C, who is the husband, completed the registration of ownership transfer on the ground of a sales contract dated October 31, 2017 (hereinafter “the instant sales contract”).

B. As to the ownership share of 164/198 and 225/358 (hereinafter collectively referred to as “second real estate of this case”), among the ownership share of 1,751 square meters and 198 square meters in shares of 164/198 and 358 square meters in the name of the Plaintiff, the Plaintiff completed the registration of ownership transfer on March 2, 2018, based on the sales contract dated February 26, 2018 (hereinafter “second sales contract”).

[Ground] Facts without dispute, Gap evidence Nos. 1 through 5, the purport of the whole pleadings

2. Determination as to the cause of action

A. The Plaintiff’s assertion 1) As to the instant real estate Nos. 1 and 2 owned by the Plaintiff, Dong Jae-si concluded a sales contract with the Defendants on behalf of the Plaintiff on November 26, 2018. K died on November 26, 2018, and the Defendants did not pay the Plaintiff or K the purchase price at all. (2) Defendant B, and C are obligated to pay the Plaintiff the amount of KRW 28 million (one-2,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000 won, excluding the amount of collateral security (11,2,000,000,000,000 won, respectively) out of the purchase price for the instant real estate No. 2.

B. Determination 1) There is no dispute as to the fact that the Defendants did not directly pay the purchase price to the Plaintiff, who is the nominal owner of the instant property Nos. 1 and 2. Meanwhile, each of the entries in the evidence Nos. 7, 13, and 14 (including the serial number), the witness’s testimony, and the pleading.