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(영문) 전주지방법원군산지원 2015.03.03 2014가단51805
양수금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. On November 3, 2010, Co., Ltd. (hereinafter “C”) purchases forest E 10,377 square meters (hereinafter “land before the instant partition”) on the premise of the premise, and completed the registration of ownership transfer on December 29, 201 of the same year.

On September 2, 2011, the instant land before the instant partition is divided into E Forest land 3,337 square meters (hereinafter “instant land”), F Forest land 6,762 square meters and G forest 278 square meters (hereinafter “G forest”), and the said F forest was subdivided into F Forest land 5,109 square meters (hereinafter “F forest”) and H forest land 1,653 square meters (hereinafter “H forest”).

C On September 2, 2011, the instant land is sold to the Defendant, and the same month.

5. The registration of ownership transfer was completed;

C around April 201, the Defendant entered into a contract with the construction cost of KRW 627,00,000 (including value added tax) for the construction of a new factory (hereinafter “instant construction contract”) on the instant land (hereinafter “instant factory”) and completed the construction of a new factory around September 201, and the Defendant completed the registration of initial ownership on the instant factory building on September 5, 201.

On March 14, 2014, the Plaintiff acquired the instant claim for the purchase price and construction price against the Defendant from C, and notified the Defendant of the acquisition of the said claim on the 25th of the same month.

[Reasons for Recognition] Facts without dispute, Gap evidence 1 to 4, Gap evidence 7, 15, 17, Eul evidence 4 (including each number), the result of the on-site inspection by this court, the purport of the whole pleadings

2. The Plaintiff’s assertion C sold the instant land in KRW 250,000,000 to the Defendant, but did not receive KRW 50,000,000 out of the purchase price, and did not receive KRW 2,00,000 out of the construction price of the instant case.

Therefore, the Plaintiff acquiring C’s claim seeking payment of KRW 52,00,000,00,000, in total, of the purchase price and construction cost of the instant land.

3. Determination as to claim for the purchase price

A. The facts of recognition C are that of this case from the Defendant.

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