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(영문) 창원지방법원 2020.01.16 2019나53201
매매대금
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

Reasons

1. Facts of recognition;

A. The Plaintiff adopted, on April 30, 2015, the Defendant, who had worked for about twenty (20) years for a company operated by the Plaintiff as an accounting position, but thereafter filed a lawsuit claiming dissolution of the adoptive relation against the Defendant at the Changwon District Court’s branch. The said court, on the ground that the Defendant embezzled the money of the Plaintiff’s ASEAN and D Co., Ltd. operated by the Plaintiff and the Defendant, etc., and thus, accepted the Plaintiff’s claim for dissolution of the adoptive relation on November 2, 2018.

(J) Changwon District Court 2018Ddan343.b.

On June 1, 2016, the Plaintiff and the Defendant concluded a sales contract with the purchase price of KRW 85 million with respect to E 16,000,000,000,000 owned by the Plaintiff (hereinafter “instant land”).

On June 23, 2016, the Plaintiff completed the registration of ownership transfer for the above land to the Defendant.

C. On June 21, 2016, the Defendant paid KRW 55.8 million to the Plaintiff as the purchase price of the instant land.

[Reasons for Recognition] Facts without dispute, entry of Gap 1, 2, 3, 8, and 10 evidence, the purport of the whole pleadings

2. The assertion and judgment

A. According to the above facts finding as to the cause of claim, the Defendant is obligated to pay to the Plaintiff the amount calculated by applying each rate of 29.2 million won (=the purchase price of KRW 85 million - the term payment of KRW 55.8 million) and the remainder payment date recognized by the evidence as above to the Plaintiff, which is the day following the date of the first instance judgment from June 22, 2016 to February 14, 2019, which is the day following the date of the first instance judgment, and 5% per annum as prescribed by the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from the following day to the day of full payment.

B. The Defendant asserted that, at the time of the sale and purchase of the instant land, the Plaintiff sold the instant land in the amount of KRW 55 million, as the Plaintiff had to pay the loans to FF associations rapidly, and that, at the time of the sale and purchase of the instant land, KRW 85 million in the purchase and sale contract was formally stated.

In general, disposal documents shall be ....

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