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(영문) 광주지방법원 2017.07.13 2016가합59015
매매대금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Judgment as to the primary cause of claim

A. The Plaintiff’s assertion 1) On August 20, 2016, Plaintiff 302 and 303 of D, an aggregate building located in Gangseo-gu Seoul Metropolitan Government, which is owned by the Plaintiff (hereinafter “D 302”), and “D 303” owned by the Plaintiff.

) The land and its ground (hereinafter referred to as “each of the instant real property”) owned by the Nam-gu Seoul metropolitan area and E.

After exchanging E, each of the instant real estate purchased from E sold KRW 288,90,000 to the Defendant for the purchase price of KRW 288,90,00. In addition, according to an agreement between the Plaintiff and E to implement the procedure for the registration of ownership transfer of each of the instant real estate, E completed the registration of ownership transfer of each of the instant real estate on September 23, 2016, the Defendant shall pay the Plaintiff the remainder of KRW 25,626,739, excluding KRW 33,273,261, which was paid for the purchase price of each of the instant real estate, and delay damages therefrom. 2) The Defendant was a company established by H, who is a child of G and G in a de facto marital relationship with the Defendant to operate D new construction and sale business by settling accounts between G and H, and the Plaintiff was allocated to the Defendant and G, among KRW 302,303, which was constructed by the Plaintiff due to the settlement of accounts between G and H.

Since then, the defendant and G are to exchange the real estate of this case with I, E, and D 302, 303, and each of the real estate of this case, known to the general public.

Ultimately, the Defendant did not purchase each of the instant real estate from the Plaintiff, and is not obligated to pay the purchase price of each of the instant real estate to the Plaintiff.

C. Determination 1) According to the overall purport of the statements and arguments stated in Gap evidence Nos. 1 through 5, the following facts are acknowledged. (A) On August 10, 2016, the Plaintiff concluded a sales contract of KRW 184,00,000 with I and the sales price of KRW 184,00,000 with respect to D 303, respectively, and the sales contract of KRW 210,000 with E and the sales price of KRW 210,000 with respect to D303

In addition, with respect to D 302 on August 30, 2016, the registration of ownership transfer in I's name, D 303.

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