beta
(영문) 인천지방법원부천지원 2015.03.24 2014가단31723

양수금

Text

The plaintiff's claim is dismissed.

Litigation costs shall be borne by the plaintiff.

Reasons

Facts of recognition

On July 26, 2011, B Co., Ltd. (hereinafter referred to as “Nonindicted Company”) concluded a sales contract with the Defendant to sell the above factory (hereinafter referred to as “instant factory”) and its site (hereinafter referred to as “instant site”) to the Defendant by constructing a new factory in the single unit of Kimpo-si, Kimpo-si, D, and E (hereinafter referred to as “instant land”) (hereinafter referred to as “instant sales contract”), and the main contents are as follows.

The purchase price: KRW 84,00,000 intermediate payment of KRW 1,252,00,000: KRW 168,000 for the intermediate payment of KRW 168,000: the remainder payment of KRW 1,00,000 for August 10, 201: the name limit of the above real estate paid under the presence of the broker on September 9, 2011 shall be 50: 3 Dong-dong, 200, September 9, 201; 200, 200, 3 50,000,000 for the extension of KRW 1,252,00 for the second floor after completion, the non-party company completed the registration of ownership transfer under the name of the seller, G, I, Kim J, Buyer, 502, 500 for the purchase price, and 15,01,000 for each of the instant real estate under the name of the broker, and completed the registration of ownership transfer transfer by the Incheon District Court.

According to the instant sales contract, the Defendant paid the Nonparty Company KRW 168,00,000 on July 26, 201, and KRW 65,000,000 on September 1, 2011, and KRW 135,000 on September 2, 2011, respectively, and paid the remainder of KRW 800,000,000 on November 10, 201.

On the other hand, on August 12, 2011, Nonparty Company issued a deposit slip to the effect that it received intermediate payment of KRW 84,000,000 to the Defendant as the other party (hereinafter “the deposit slip of this case”). On August 17, 2011, the Defendant directly paid KRW 29,000,000 out of the said amount to the Nonparty Company.

In relation to the new construction of the factory of this case, the defendant is the value of supply from the non-party company 382,00,000,000 won and the tax amount of 38,20,000 won.