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(영문) 서울중앙지방법원 2017.05.19 2016가단5122143

매매대금

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. On March 25, 2016, the Plaintiff entered into a sales contract with the Defendant by dividing the instant land into 3,948,486,610, and the instant land into 13,042 square meters (hereinafter “instant land”) and the instant land and G, H, and I land, 1 East factories and factories (ware) located on the instant land, 2 East factories, 3 East-dong (Dong-dong), and 3 East-dong (hereinafter “instant building”). The Plaintiff entered into a sales contract with the Defendant by dividing the instant land into 3,948, 486, 610, and the instant building into 1,100,000,000,000,000, and 13,0468,000,000 and 4.

[Reasons for Recognition] Facts without dispute, Gap evidence Nos. 1 through 3, 5 (including provisional number; hereinafter the same shall apply), Eul evidence No. 1, the purport of the whole pleadings

2. Determination on the cause of the claim

A. The Plaintiff’s assertion that the value-added tax on the purchase price of the instant building exists between the Plaintiff and the Defendant, who is the buyer. Based on the agreement, the Defendant should pay the Plaintiff KRW 10,000,000 and delay damages.

First of all, other two sales contracts related to the instant sales contract (i.e., ① selling land for the building of the building of the building of the building of the building of the building of the building of the building of the building of the building of the building of the building of the building of the building of the building of the building of the building of the building of the building of the building of the building of the building of the building of the building of the building of the building of the building of the building of the building of the building of the building of the building of the building of the building of the building of the building of the building of the building of the building of the building of the building of the building of the building of the building of the building of the building of the building of the building of the building of the building of the building of the building of the building