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(영문) 창원지방법원마산지원 2015.08.28 2014가합3214

매매대금

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Comprehensively taking account of the overall purport of the pleadings as to Gap evidence Nos. 1, 4, 5, and 6, the fact that the plaintiff (the former name: C) entered into a sales contract with D on Nov. 24, 2004 to purchase KRW 3042 square meters and 2446 square meters of F forest land (hereinafter "each land of this case") prior to Busan Young-do, Busan, with D on Nov. 24, 2004; the plaintiff entered into a sales contract with D on Apr. 12, 2005 to purchase KRW 120 million; and the fact that the plaintiff entered into the registration of ownership transfer on Apr. 21, 2006 with the Busan District Court Decision No. 2005Kadan11666 on Apr. 15, 2005 with regard to each of the land of this case as the claim for the purchase price amount of KRW 120 million; the defendant completed the registration of ownership transfer on Apr. 21, 2006

2. As to the assertion, the Plaintiff: (a) paid the purchase price after the conclusion of the sales contract for each of the instant lands; (b) before completing the registration of ownership transfer for each of the instant lands; (c) before the Defendant’s father G seeks to purchase the Plaintiff and operate a welfare facility for the aged; and (d) the Plaintiff’s father G sought to purchase each of the instant lands by stating, “I would not have access to each of the instant lands unless they are incorporated into the business site, and would not obtain permission.” Accordingly, the Plaintiff’s father and G on behalf of the Defendant at around that time and verbally concluded a sales contract with G on behalf of the Plaintiff with KRW 120 million with respect to each of the instant lands; and (d) the Defendant completed the registration of ownership transfer under one’s own name without paying the purchase price; and (e) the Defendant is obligated to pay the Plaintiff the purchase price of KRW 120 million and delay damages thereon.

However, it is not sufficient to find that a sales contract between the Plaintiff and the Defendant with respect to each of the instant lands was concluded with the Plaintiff and the Defendant with respect to each of the instant lands, and there is no evidence to acknowledge otherwise.

3.