(영문) 수원지방법원 2015.04.23 2014가합68085

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(영문) 수원지방법원 2015.04.23 2014가합68085

토지매매대금 등 청구의 소

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1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

1. Basic facts

A. The Plaintiff and D shared 230.6 square meters (hereinafter “the instant land”) and F 230.5 square meters (hereinafter “the instant land”).

The Plaintiff’s share was 2306/4611, and D’s share was 2305/4611, respectively.

B. On March 11, 2014, the Plaintiff sold the instant land to the Defendants, and prepared a sales contract with the sales amount of KRW 440 million, the Defendants promised to construct a building on behalf of the Plaintiff, and the details of which are agreed to be carried out under mutual agreement.

C. On March 11, 2014, the Plaintiff completed the registration of ownership transfer with respect to each of the instant land No. 1 and each of the instant land No. 2,306/4611 (each of the instant land No. 1153/4611 shares to Defendant B and each of the instant land No. 1153/4611 shares to Defendant C).

The Defendants, as co-owners of each of the above lands on the same day, D and the land No. 1 of this case, shall consult with D to divide the jointly owned property into the land No. 2 of this case, and completed the registration of ownership transfer in the name of the Defendants as to each of the land No. 1 of this case owned D on the same day.

The Defendants paid the Plaintiff KRW 40 million to the Plaintiff.

[Reasons for Recognition] Unsatisfy, Gap 1-4, 10 evidence, Eul 2 evidence (including branch numbers; hereinafter the same shall apply), the purport of the whole pleadings

2. Determination on the cause of the claim

A. On February 20, 2014, the Plaintiff determined the purchase price as KRW 49 million in consultation with the Defendants on the purchase price of the instant land No. 1. In order to save mutual taxes and public charges among the parties, the Plaintiff entered the purchase price in the sales contract as KRW 440 million, and added KRW 50 million in the construction price of the relevant contract that entered into the contract after excluding the purchase price in the sales contract under the sales contract. However, since the contract was not executed properly, the Defendants jointly failed to pay the said purchase price to the Plaintiff.

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