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(영문) 대전지방법원 2018.09.12 2015가합104828

매매대금

Text

1. The defendant shall pay to the plaintiff KRW 210,00,000 as well as 5% per annum until September 12, 2018, and shall be fully paid from the following day.

Reasons

Facts of recognition

The following facts are acknowledged according to the respective entries and the whole purport of arguments in Gap evidence 1 through 4, Gap evidence 1 through 7, 8, 9, 12 (including each number; hereinafter the same shall apply).

On September 25, 2012, the Plaintiff’s husband C entered into a contract between the Plaintiff and the Defendant (hereinafter “Plaintiff”) and D (hereinafter “Defendant”) who represented the Defendant on behalf of the Plaintiff on behalf of the Plaintiff (hereinafter “Defendant”) and the Plaintiff (hereinafter “Defendant”) transferred the Plaintiff’s ownership of the Seo-gu Daejeon E, Seo-gu, 1035 square meters and its ground commercial building (hereinafter “instant Daejeon”); the Defendant succeeded to the Plaintiff’s bank loan obligations and lease deposit obligations regarding the Daejeon Daejeon, and paid KRW 50,00,00 to the Plaintiff in cash; ③ the Plaintiff transferred the ownership of the first floor of the Seocho-gu, Seoul and G H building No. 1 (hereinafter “instant commercial building”).

On the same day, the Plaintiff prepared on September 26, 2012 a receipt that received KRW 500,000,000 for the above purchase price (hereinafter “the instant receipt”) to the Defendant, and received a written confirmation from the Defendant that the said receipt will not be used for reporting at the tax office.

(The date of preparation of the receipt of this case seems to be the clerical error as of September 25, 2012, in light of the written statement in the above confirmation. - The Jdong store in this case owned by the Defendant is exchanged with 20 copies of the membership card owned by K (the L issuance of the company L; hereinafter referred to as the “members card of this case”), and is exchanged with 20 copies of the above membership card and the Daejeon commercial building owned by the Plaintiff.

- The Defendant paid KRW 500 million to the Plaintiff in order to transfer the ownership of the Daejeon shopping mall.