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(영문) 의정부지방법원 2016.10.27 2015가단40029
부동산 매매대금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. On March 5, 2014, the Plaintiff sold each real estate listed in the separate sheet owned by the Plaintiff (hereinafter “instant real estate”) to the Defendant at KRW 1.7 billion. The sales price actually paid by the buyer to the seller is KRW 1,620,00,000, and the difference is KRW 80,000, KRW 320,000, KRW D15,000,000, KRW 15,000, and KRW E15,000,00, KRW 15,000,00, and attorney-at-law’s preparation expenses, etc. In relation to the sale and purchase of the instant real estate, the seller shall not raise any objection to the details thereof, and the seller shall be paid KRW 1,950,00,000, KRW 1,700,000, and the sales price shall be paid in lump sum, at KRW 80,000,00,000.

(hereinafter “instant sales contract”). B.

On April 8, 2014, the Plaintiff and the Defendant drafted a sales contract stating that the Defendant purchases the instant real estate in KRW 1,950,000,000 (the same day, the ownership transfer registration was completed in the future of the Defendant regarding the instant real estate). On April 18, 2014, in relation to the instant sales contract, the buyer paid the sales price to the seller, the seller completed the registration of ownership transfer, and the seller did not have any relationship between the seller and the buyer. At the time of the registration date of the transfer of real estate ownership, the Plaintiff and the Defendant drafted a settlement confirmation that both the obligation existing in the register and the obligation to refund the lease deposit are succeeded to by the buyer.

C. On May 27, 2015, the Plaintiff and the Defendant confirmed that the sales amount was settled in relation to the instant sales contract, and in addition, part of the instant real estate leased by the Defendant.

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