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(영문) 서울서부지방법원 2014.10.31 2014가단12327

매매대금

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Facts of recognition;

A. On or around June 2001, the Plaintiff: (a) sold KRW 290,000,000 to the Defendant for sale of KRW 10,116 square meters of Incheon-gun C forest land; and (b) received KRW 5,00,000 as down payment from the Defendant.

(hereinafter “instant sales contract”). B.

On August 26, 2011, the Plaintiff changed the instant sales contract to sell the forest to the Defendant for KRW 210,000,000,000, and received KRW 23,500,000 from the Defendant as the down payment on the day, and received KRW 23,50,000 as the remainder payment until September 23, 201.

(hereinafter “instant secondary sales contract”). C.

In addition, on September 16, 2011, the Plaintiff completed the registration of ownership transfer with respect to the above forest.

【Ground of recognition】 The fact that there has been no dispute, Gap evidence 1, 2, Eul evidence 1, and 5, the purport of the whole pleadings

2. The Plaintiff asserted that: (a) the Defendant’s assertion on August 25, 201, which was the first sale contract of this case, concluded the second sale contract of this case by deceiving the Plaintiff to lower the purchase price of this case to KRW 210,000,00,000 in order to obtain the loan, on the premise that (b) the purchase price of the forest is KRW 290,000,000,00 as stipulated in the first sale contract of this case on the premise that (c) even if the Defendant did not intend to lend the money to the Plaintiff as collateral even if he had received the registration of transfer of ownership of the forest land from the Defendant, the Plaintiff would not intend to lend the said forest loan to the Plaintiff at an annual interest rate of KRW 3.5% from the financial institution with the above forest as collateral, and (d) the Plaintiff would receive only the remainder of the forest loan from the Defendant and the Defendant at the order of priority payment of KRW 185,00,000,000 from the date of the remainder payment.