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(영문) 창원지방법원 2017.07.20 2017나685
매매대금
Text

1. The plaintiff's appeal is dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. The court's explanation on this part of the basic facts is identical to the corresponding part of the reasoning of the judgment of the court of first instance, and thus, citing it as is by the main text of Article 420 of the Civil Procedure

2. Determination as to the cause of action

A. The plaintiff's primary assertion 1) The plaintiff's primary assertion: (1) The plaintiff, the defendant, and the broker's signature and seal are affixed to the contract for the certificate No. 2 (130 million won) submitted by the plaintiff, but the contract for the certificate No. 1 (15 million won) submitted by the defendant is signed and sealed by the defendant and the broker, and there is no seal affixed by the plaintiff, and thus the contract cannot be deemed as a contract which is duly prepared according to the plaintiff's intention. (2) Even if the contract No. 1 was effective, the plaintiff and the defendant prepared the certificate No. 2 contract for the certificate No. 2, and thereby changed the purchase price into KRW 130 million by preparing the contract for the certificate No. 1,30 million. Therefore, since the plaintiff received KRW 1.5 million from the contract for the purchase and sale, the plaintiff, the seller, was obligated to pay the remainder of the purchase and sale price to the plaintiff, which is the plaintiff, and thus, the plaintiff is not obligated to pay the plaintiff's remainder of the contract or the contract for restitution.

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