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(영문) 서울동부지방법원 2016.09.02 2016나20437
매매대금
Text

1. The plaintiff's appeal and the claim extended in the trial are all dismissed.

2. The costs of the lawsuit after filing the appeal.

Reasons

1. Basic facts

A. On July 8, 2013, Defendant B’s agent C and the Plaintiff prepared a sales contract with the seller as to “A, the buyer, and Defendant B, with the terms and conditions that the seller shall pay the seller the remainder of KRW 30 million in the intermediate payment to the Plaintiff on July 30, 2013, as follows: ① D land prior to the partition of KRW 4,840 square meters in Yangju-si, ② E 171 square meters in land (hereinafter “E”); ③ FF land in F forest and 468 square meters in land (hereinafter “F land”); ④ G land in G forest and 564 square meters in land (hereinafter “F land”); ④ the sales price is KRW 9.6 million in land before the division; and the down payment amount is KRW 60 million in the intermediate payment to the seller on August 30, 2013; and the down payment amount is to be paid on August 30, 2013.”

(hereinafter referred to as the “instant sales contract”). At the time, C affixed his seal on the name entered in the buyer’s column and affixed his seal on the Defendant B’s name entered in the buyer’s column.

The plaintiff affixed his seal on his name entered in the seller column, and affixed his seal on the side of the statement that he received the down payment of KRW 60 million.

B. On August 29, 2013, the Plaintiff completed the registration of ownership transfer based on the instant sale with 1/2 shares, respectively, to C and Defendant B as to D land before subdivision, 2, E land, 3F land, and G land before subdivision.

C. Land ownership and intellectual change 1) D land before subdivision: (i) D land before subdivision is 2,552 square meters of D miscellaneous land at Yangju-si on September 5, 2013 (hereinafter “D land after subdivision”).

2,288 square meters of H land and H miscellaneous land (hereinafter “H land”).

was divided as follows.

After subdivision, D land became the sole ownership of Defendant B due to the division of the jointly owned property on December 12, 2013 on January 2, 2014, and H land became the sole ownership of C due to the division of the jointly owned property on December 18, 2013.

After the division under Defendant B, the category of D land was changed to the factory site on August 13, 2014, and the land category was on the same day.

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