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Reasons
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(영문) 서울동부지방법원 2016.10.21 2015가단131704
매매대금
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1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. On September 1, 2009, the Defendant registered the right to claim ownership transfer on the land and its ground (hereinafter “instant real estate”) owned by Nonparty C Co., Ltd. (the representative D, hereinafter, Nonparty Co., Ltd.) for the land and its ground (hereinafter, “the instant real estate”).

B. On June 11, 2010, the Defendant: (a) entered into a sales contract with the Nonparty Company on the following grounds: (b) the purchase price is KRW 4.7 billion for a principal registration based on the provisional registration on the instant real estate; (c) the down payment is KRW 1.4 billion on the date of the contract; and (d) the remainder KRW 3.3 billion on August 31, 2010 was to be paid on the date of the contract; and (b) Article 5 of the Special Agreement states, “The buyer shall pay the remainder to the seller, at the time of paying the remainder, KRW 100 million, out of the amount to be paid to the seller, to the Plaintiff,

C. On September 30, 2010, the instant real estate was implemented in the name of the Defendant, and the Defendant reported the purchase price to the tax office with KRW 4.1 billion.

[Ground of recognition] Facts without dispute, Gap 1 evidence, Eul 2, the purport of the whole pleadings

2. The parties' assertion and judgment

A. The Plaintiff’s assertion 1) The Plaintiff: (a) transferred KRW 10 million on December 21, 2009 to the account of the Nonparty Company’s representative to the seller; and (b) on May 20, 2010, the Plaintiff paid KRW 30 million to the Defendant on behalf of the seller (the amount that the Plaintiff received KRW 30 million from the Defendant on May 11, 2010 and paid to D on the same day); and (c) on July 22, 2010, the Plaintiff received KRW 19 million (the amount of KRW 20 million to be deducted from the Defendant on July 4, 2010, and transferred the amount of KRW 50 million to the Defendant on deposit with each of the Defendant on the same day (the amount of KRW 50 million to be paid to D on the same day).

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