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(영문) 창원지방법원통영지원 2011.08.25 2011가합258
매매대금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Facts of recognition;

A. Around June 13, 2003, the Plaintiff entered into a sales contract with the Defendant to sell KRW 200 million to the Defendant of KRW 122 square meters and KRW 3,300 square meters (hereinafter “instant real estate”) prior to C in the Plaintiff’s possession of the Plaintiff.

B. The Plaintiff issued to the Defendant a certificate of personal seal impression necessary for the registration of transfer of ownership of the instant real estate, and the Defendant completed the registration of transfer of ownership on June 16, 2003.

[Ground of recognition] Facts without any dispute, entry of Gap evidence 1, Eul evidence 4 and 5 (each number omitted), and the fact-finding results of this court's fact-finding, the purport of the whole pleadings

2. The Plaintiff asserts that the Defendant should pay KRW 120 million to the Plaintiff, on the grounds that the Plaintiff received only KRW 80 million, out of the purchase price of the instant real estate, KRW 200 million.

However, according to each description of Eul 1 through 3 and 5 (the receipt for each number omitted, Eul 3 (the receipt) is recognized by the result of the appraisal of the appraiser F of this Court as to the appraiser F of this Court, and the authenticity of the whole document is presumed to have been made, as the following stamp image is recognized by the Plaintiff’s seal imprint. There is no evidence to acknowledge that the document was forged, and there is no evidence to prove that the document was forged.). According to the whole purport of oral argument, it can be acknowledged that the Plaintiff was paid all KRW 200 million of the above purchase price through G,

Therefore, the plaintiff's assertion is without merit.

3. The plaintiff's claim for conclusion is dismissed as there is no reasonable ground.

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