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(영문) 서울남부지방법원 2014.08.21 2013가단41879
손해배상(기)
Text

1. The plaintiff's primary and conjunctive claims are all dismissed.

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

Reasons

1. Basic facts

A. On January 18, 2013, the Plaintiff, via Nonparty D, bears a seller the transfer tax on the instant real estate owned by the Defendant, which is owned by the Defendant, but the Plaintiff entered into a sales contract with the Plaintiff and two other parties, with the purchase price of KRW 145,00,00 (the contract amount of KRW 20,000,000 shall be paid at the time of the contract, and the remainder of KRW 125,00,000 shall be paid at the time of the contract, and the remainder of KRW 125,00,000 shall be paid at March 14, 2013). The seller includes the ground property on the said real estate and superficies on which the said real estate are borne by the buyer, and the seller bears the transfer tax on the purchase price (145,00,000,000). However, the additional amount was paid to the Defendant under the pretext of the contract (hereinafter the sales contract in this case).

B. Around March 13, 2013, the Plaintiff notified the Defendant of the remainder payment place to the North Korean Won Credit Union (hereinafter “North Korean Won Credit Union”) located in the original city.

C. On March 14, 2013, the Defendant prepared the documents necessary for the procedure for the registration of ownership transfer according to the instant sales contract, and arrived at the North Korea Development Bank near the North Korea Development Bank around 11:30 to 12:00, along with the witness E and Nonparty F of the instant case, who is his own child.

The defendant presented the above documents to the plaintiff Lee Jong-chul, who was in the course of North Korea's division, and urged the defendant to pay the balance of the purchase and sale, but the plaintiff did not comply with the defendant's request for the payment of the balance of the purchase and sale by receiving the loan from the defendant upon delivery of the documents necessary for the procedure for registration of ownership transfer

Accordingly, the defendant is to prepare the remainder to the plaintiff, and after the point meals, he reconvenates with the plaintiff, and came at the place of meal house.

피고는 2013. 3. 14. 14:00경 위 분식집에서 다시 만난 원고에게 매매 잔금이 준비되었으면 보여달라고 재차 요구하였으나 원고는 응하지 않은 채 피고 일행에게 언성을 높여 ‘내가 산을 샀지, 공동묘지를 샀냐’, '가압류, 가처분...

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