(영문) 서울중앙지방법원 2018.01.25 2016가합559655

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(영문) 서울중앙지방법원 2018.01.25 2016가합559655

매매대금

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1. The plaintiff's claim is dismissed.

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

Reasons

Basic Facts

On May 18, 2007, the Plaintiff and the Defendant concluded a sales contract with the content that the Plaintiff sells the factory site, its ground factory building, and D road (hereinafter “instant real estate”) owned by the Plaintiff to the Defendant.

The Plaintiff and the Defendant prepared the so-called “contract” in which the purchase price is less than the actual amount, and the said contract provides that the purchase price shall be KRW 630 million, and the down payment shall be KRW 215 million,00,000,000,000,000,000 shall be paid on May 25, 2007 at the time of the contract. In the context of the special agreement, 30,000,000,000 won, out of the secured debt of the right to collateral security established on the instant real estate, shall be succeeded by the Defendant and the remainder KRW 15,00,00,000,000 shall be repaid on June 14, 2007 by the Plaintiff.

The defendant completed the registration of ownership transfer on May 22, 2007 on the real estate of this case based on the sale of this case.

[Reasons] The Plaintiff asserts that the purchase price is KRW 585,00,00,00, which was not paid to the Defendant under the instant sales contract, is KRW 1 billion, and the Defendant asserts that the purchase price is KRW 700,000.

The amount of the purchase price under the instant sales contract is one billion won as alleged by the Plaintiff, and it is not sufficient to acknowledge this by itself, with the statement of No. 1-1, and witness E’s testimony, and there is no other evidence to acknowledge this otherwise.

In other words, according to the statement of No. 1-1 and witness E, the market price of the instant real estate was at least one billion won around 2007, and the Plaintiff’s East E and the Defendant’s husband, who arranged the conclusion of the instant real estate sales contract between the Plaintiff and the Defendant, agreed to pay the purchase price as one billion won at the stage of negotiations before the conclusion of the instant sales contract.

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