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(영문) 서울남부지방법원 2020.02.13 2018가단20952

미지급금(부동산 양도대금)

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1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. The Plaintiff completed the provisional registration of the right to claim transfer of ownership on March 4, 2008 (hereinafter “provisional registration of each right to claim transfer of ownership on real estate located in Gangwon-do”) with respect to the share of 9930.5 square meters in D, 5354 square meters in Yangyang-gun, Yangyang-gun, 5354 square meters in Yangyang-do, Gangwon-do, E-gun, and 4092 square meters in farmland in Gangwon-do, and 2635 square meters in farmland in Gangwon-do.

B. In addition, the Plaintiff completed the provisional registration of the right to claim ownership transfer on May 6, 2009 (hereinafter “provisional registration of the right to claim ownership transfer on the real estate located in Seocheon-si” and completed the provisional registration of the right to claim ownership transfer on the real estate located in Seocheon-si, Seocheon-si, as well as the provisional registration of the right to claim ownership transfer on the real estate located in Gangwon-do, when it is referred to as “each of the instant provisional registration”).

C. On August 3, 2009, the Plaintiff completed the supplementary registration of the provisional registration of the right to claim ownership transfer against the Defendant on the ground of the transfer as of July 31, 2009, and on August 4, 2009, on the ground of the transfer as of July 31, 2009, the Plaintiff completed the provisional registration of shares of 1/12 of the provisional registration transfer as to shares in the forest located in Gangwon-do on the ground of transfer as of July 31, 2009.

Meanwhile, between July 2009 and August 2009, the Defendant remitted the Plaintiff KRW 39.16 million to H account, KRW 90 million to I account, and KRW 35.3 million to J account.

[Reasons for Recognition] Facts without dispute, Gap evidence Nos. 1 through 3, Gap evidence No. 4-1, 2, Eul evidence No. 10-8, 9, and 10, the purport of the whole pleadings

2. The assertion and judgment

A. The plaintiff asserted that the plaintiff transferred each of the provisional registrations of this case to the defendant in KRW 200 million without the plaintiff's consent, and the defendant did not receive the above money by paying 125,300,000 won to K (the account designated by K and the account under the name of K) without the plaintiff's consent. Thus, the plaintiff asserts that he sought payment of the unpaid transfer price.

As to this, the defendant is the H account designated by the plaintiff of KRW 160,460,00 for KRW 39,160,000, and I.