logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 부산지방법원 2016.05.03 2015가단39971
매매대금
Text

1. The plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. On July 24, 2014, Plaintiff 1 A, the purchase price of the subject matter of sale on the date of purchase and sale of the seller, KRW 4.52m2, 198.34m2, and KRW 45 million,000,000,000,000 for the intermediate payment of KRW 15 million,000,000,000: Plaintiff 2 B, Defendant 2, on July 25, 2014, Plaintiff 33.34m2, 9.91m2, warehouse 4.52m2,000,000: The remainder of KRW 1364m2,00,000 for the remainder of KRW 15,00,000 for the intermediate payment at the time of a contract, and KRW 254m25,000 for the land at the time of a contract: by December 20, 2014;

A. The following sales contract was prepared between the Plaintiffs and the Defendant.

B. The aforementioned real estate stated in the sales contract dated July 25, 2014 (hereinafter “instant real estate”) acquired the ownership on September 9, 2013 or the land F, D, and E with a 1/6 share of September 2013, and the Defendant issued a registration procedure for transfer of ownership on July 25, 2014 on the ground that the Plaintiff purchased the ownership on July 21, 2014.

[Reasons for Recognition] Facts that there is no dispute between the parties, the entry of Gap 1, 2, and Eul 1 (including additional numbers), the purport of the whole pleadings

2. Determination

A. The Plaintiffs asserted that, on July 24, 2014, the sales contract (Evidence A No. 1-1, hereinafter “instant sales contract”) was genuine sales contract, and that the Plaintiffs received KRW 25 million out of the sales price of KRW 45 million ( KRW 5,000,000 on July 24, 2014) ( KRW 15,000,000 on February 15, 2015, KRW 20 million,00,000 on February 12, 2015). As such, the Plaintiffs asserted that the remainder of KRW 20 million is claimed.

In regard to this, the Defendant asserted that the sales contract (No. 1-2, hereinafter “instant two sales contract”) dated July 25, 2014 was the genuine sales contract, and that all of the sales amount was paid KRW 33,360,000.

B. In light of the following facts acknowledged by the parties’ non-contentious facts, Gap evidence Nos. 1 and 2, Eul evidence Nos. 1 and 4, Eul evidence Nos. 1 to 4, the witness H’s testimony, and the purport of the whole pleadings:

arrow