양수금
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Basic facts
A. (1) On October 7, 2011, C concluded a sales contract on the sum of KRW 30-R39-R 120, R40-R60, and KRW 220 (hereinafter “instant contract”) with D and D, the Defendant’s husband, the Defendant’s Defendant as the Defendant. At the time of the conclusion of the said contract, C and F, etc. were present.
(2) At the time of the instant contract, the sales amount shall be KRW 150 million, but the down payment shall be paid at the time of the instant contract, and the remainder KRW 135 million shall be paid at the time of commencement of work and the payment of all the money shall be made to G account, which is the wife of C. D paid the down payment KRW 15 million to C on the day of the instant contract under the name of the Defendant.
B. C extracted pine trees stipulated in the instant contract and intended to transplant them at a food site. The Defendant, on November 1, 201, set the lease amount of KRW 2.5 million, and the lease period from November 1, 201 to October 31, 201, the lease period of KRW 2.5 million, and the lease period of KRW 1,303 square meters and KRW 1777 square meters before J from H from H on November 1, 201.
C. C supplied 137 out of the pine trees stipulated in the instant contract to the Defendant, and only 117 weeks out of them met the direct progress of pine trees as stipulated in the instant contract, and the remainder 20 weeks was less than R30 as stipulated in the instant contract.
From October 17, 2011 to August 8, 2012, the Defendant remitted total of KRW 152,90,000 to G’s financial account.
E. On July 21, 2015, C transferred KRW 82.5 million out of the instant purchase price to the Plaintiff, and on the same day, C sent a notice of assignment to the Defendant by content-certified mail.
Grounds for recognition: A. 1-3, B. 1-1, 2, 6, 2-1-4, and the whole purport of the pleading.
2. Determination
A. The Plaintiff’s assertion that the Defendant paid KRW 67.5 million out of the purchase price under the instant contract and did not pay KRW 82.5 million to C. However, C transferred the remainder of the purchase price to the Plaintiff KRW 82.5 million to the Defendant, and completed the notice of transfer to the Defendant, and thus, the Defendant was only KRW 82.5 million to the Plaintiff.