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(영문) 의정부지방법원 2019.04.18 2017가단131882
매매대금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. The fact of recognition that the Plaintiff, as his/her father C, concluded a sales contract with the Defendant for each of the real estate listed in the separate sheet (hereinafter “instant real estate”) on or around June 18, 2014 (hereinafter “instant sales contract”) with the Plaintiff, the buyer, the Defendant, and the sales price of KRW 330 million (the contract amount of KRW 30 million, intermediate payment of KRW 100 million, and the balance of KRW 200 million) (hereinafter “instant sales contract”); the Defendant paid the Plaintiff the down payment of KRW 30 million on June 18, 2014; the Plaintiff and the Defendant drafted a sales contract (Evidence A No. 2) with respect to the instant sales contract on July 30, 2014; the Plaintiff completed the registration of ownership transfer for the Defendant on October 1, 2014 for reasons of the instant sales contract; or there is no dispute between the parties, or evidence Nos. 1, 2, 32-1, 4-4, 5-1, and 5-3 evidence No.

2. The Plaintiff asserts that, inasmuch as the Defendant did not pay the remainder of the sales contract of this case, 200 million won, the Plaintiff is liable to pay the remainder.

In full view of the following facts: (a) evidence Nos. 6 and 1-1 of the evidence Nos. 1 (the plaintiff asserts that the document No. 1-1 (Receipt) was forged; (b) however, according to the appraiser D's written appraisal result, there is C's signature that the document was written in the above receipt; (c) each statement of evidence Nos. 2 through 7; (d) the court's E, the head of the post office, and G agricultural cooperatives paid intermediate payment of KRW 100 million to the plaintiff on June 26, 2014 [the defendant delivered four cashier's checks of KRW 100 million to the plaintiff's agent; (d) the defendant prepared a receipt (No. 2 and 7) to the defendant; and (e) the defendant paid to the plaintiff a balance of KRW 100 million to the plaintiff on August 5, 2014, the defendant paid the plaintiff's agent's agent's money.

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