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(영문) 서울중앙지방법원 2014.04.02 2013가합514972
매매대금
Text

1. The plaintiff (Counterclaim defendant)'s main claim and the defendant (Counterclaim plaintiff)'s counterclaim are all dismissed.

2. Of the costs of lawsuit.

Reasons

1. Facts of recognition;

A. The Plaintiff is a company that mainly engages in real estate sales, development, and sales business.

On March 6, 2011, the Plaintiff purchased KRW 340,000,00 for 340,000,000 for C forest land in Chuncheon-si, and completed each registration of transfer of ownership with the head of 25037 on May 4, 201, by dividing the land of KRW 8,947 square meters for D forest land, E forest land 6,298 square meters for forest land, F forest land 4,036 square meters for forest land (hereinafter the above forest land shall be its lot number) in the above forest.

B. On May 1, 2011, the Plaintiff sold 1653/8947 shares in D forest to the Defendant at KRW 50,000,000,000 of the price, and completed the registration of ownership transfer on June 1, 201 with respect to the said shares traded on June 1, 2011 as the grounds for registration.

C. On June 2, 2011, the Plaintiff and the Defendant purchased F forest land from the Plaintiff in KRW 264,270,000 and paid KRW 10,000 for the down payment first, the Plaintiff immediately transferred the registration of ownership transfer concerning the said forest land to the Defendant, but the remainder was agreed by the Plaintiff to sell the said forest land to another person and appropriate it.

On June 7, 2011, the Defendant paid the Plaintiff the down payment of KRW 10,000,000.

The Plaintiff completed the registration of ownership transfer as of June 1, 201 with respect to the portion of 4033/4036 out of the above forest land as the ground for registration on July 1, 201 with respect to the purchase and sale as of June 1, 2011, and completed the registration of ownership transfer as of July 23, 201 with respect to the remaining 3/4036 shares as of June 23, 201 with the Chuncheon District Court No. 36905, Jul. 7, 2011.

around June 201, the Defendant: (a) invested KRW 150,000,00 in G forest land in Chuncheon-si; (b) distributed profits to the Plaintiff; (c) transferred KRW 100,000,000 on June 21, 201, and KRW 50,000,000 on June 24, 201 to the Plaintiff, respectively.

[Ground of recognition] The fact that there is no dispute, Gap 1, 2, Eul 1 and 4 (including paper numbers), the purport of the whole pleadings

2. Determination as to the cause of the principal claim

A. The plaintiff's assertion is that the defendant raised F forest land from the plaintiff amounting to KRW 264,270,000.

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