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(영문) 청주지방법원 2016.04.06 2014가단18636
매매대금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. The parties' assertion

A. The Plaintiff’s assertion and F entered into a sales contract with Defendant C to sell the above 101 billion won to Defendant E, and the above 101 billion won among the above sales contract. The Defendants did not pay value-added tax to the Plaintiff. The Defendants did not pay to the Plaintiff the amount of value-added tax equivalent to the above sales contract. The Plaintiff’s assertion and F entered into a sales contract with Defendant E to sell the above 101 billion won to the second floor G 201, Seo-gu, Seo-gu, Seo-gu, Seo-gu, Seo-gu, Seo-gu, Seo-gu, Seo-gu, Seo-gu, Seo-gu, and 105 million won.

Accordingly, the plaintiff shall pay to the defendant Eul 22,363,635 won (22,363,636 of the claim shall be deemed to be a clerical error) out of value-added tax of 63,00,000,000 won, 1/2 of value-added tax of 102, 6,818,182 won, and 22,363,635 won (22,363,636 of the claim shall be deemed to be a clerical error) among value-added tax of 63,381,819 won as to 101, and value-added tax of 16,690,909 (the claim shall be deemed to be 16,727,272 of the claim) as to 102, and damages for delay shall be paid to the defendant Eul.

B. As to the defendants' assertion, the defendants asserts that the parties to the above sales contract are not the defendants, but H, and the defendants merely lend their names at H and the plaintiff's request.

2. According to the evidence No. 2 through 5, evidence No. 6, and evidence No. 9 (including paper numbers), each of the above No. 201, which was owned by the Plaintiff and F, on April 20, 2010, the ownership transfer registration for the above No. 102 has been made to Defendant C on June 29, 2010, and the ownership transfer registration for the above No. 105 has been made on April 20, 2010, and on June 29, 2010, the ownership transfer registration for the above No. 101 has been made to Defendant E on June 29, 2010; Defendant B’s name on April 20, 2010; and Defendant C’s name on June 29, 2010; and Defendant C’s name on June 29, 2010;

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