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(영문) 전주지방법원 2016.10.19 2015가합4503

매매대금

Text

1. The plaintiff's claim is dismissed.

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

Reasons

Basic Facts

A. The plaintiff is the representative director of limited liability company C.

B. On June 9, 2014, the Plaintiff and the Defendant purchased 5,164 square meters (hereinafter “instant land”) from the Plaintiff from the Plaintiff, the Plaintiff and the Defendant drafted a real estate sales contract stating that KRW 400 million shall be paid on the day of the contract (hereinafter “instant sales contract”). On June 25, 2014, the Defendant completed the registration of ownership transfer by the Jeonju District Court indictment No. 76527, Jun. 25, 2014 for the instant land on the ground of the said sale.

C. On November 30, 2012, the Defendant Company C, the obligee No. 3, and the maximum debt amount of KRW 400 million were completed due to the registration of the establishment of a mortgage over the instant land under the Act No. 78170, Nov. 30, 2012

(hereinafter referred to as “instant collateral security”). [Ground of recognition] The fact that there is no dispute, Gap’s evidence 1 (Evidence 1) and 2, Eul’s evidence 2, and Eul’s statement of the purport of the whole pleadings.

A. 1) The Plaintiff asserted that the purchase price of the instant land would be at least KRW 700 million, and that the Defendant would bear the Plaintiff’s loan obligation to Nonghyup, and that the remainder of KRW 400 million was entered in the sales contract of this case as the purchase price.

As to this, the Defendant asserts that the purchase price of the instant land is KRW 400 million, such as the entry in the sales contract of this case.

B) If the authenticity of the judgment document is recognized, the existence and content of the declaration of intent in accordance with the language and text stated in the disposition document should be recognized unless there is any reflective evidence acceptable to deny the contents of the written statement (see, e.g., Supreme Court Decision 2000Da48265, Feb. 26, 2002). According to the evidence No. 5, a certified public appraiser E evaluated the market value of the instant land as equivalent to KRW 774,60,000 in an appraisal conducted at the request of the Korea National University Saemaul Bank of North Korea on June 13, 2014.