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(영문) 대전지방법원 홍성지원 2018.10.02 2017가단5686
소유권이전등기
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. On March 25, 2008, the Plaintiff entered into a sales contract with D Co., Ltd. (hereinafter “D”) for each real estate (hereinafter “instant Nos. 1 and 2 stores”) listed in attached Tables 1 and 2, the sale price of which was KRW 200,000,000 (hereinafter “sale contract”). However, the sales price of which was divided into KRW 300,000 (including value-added tax) was entered into. As above, the Plaintiff may change the number of houses the sales price of which was sold until April 4, 2008 to EF stores in the column of special terms and conditions of the sales contract as the relationship where the stores of the instant No. 1 and 2 had already been sold.

The Plaintiff stated the content that “The sales price of KRW 200 million under the sales contract of this case was paid to the Defendant on the same day, but D was paid to the Plaintiff in full the sales price of KRW 300 million as stated in the sales contract of this case.

B. On June 26, 2008, the Plaintiff prepared and delivered a deposit slip to the effect that it shall be KRW 6,9560,000 (hereinafter “instant parcelling-out contract”) with D on June 26, 2008. The Plaintiff entered into a parcelling-out contract with regard to the real estate listed in attached Table 3 (hereinafter “third shop of this case,” and the combination of the stores 1,2, and 3 of this case, referred to as “each shop of this case”). However, on June 26, 2008, the sales contract was filled up with KRW 13,9120,00 (value-added tax 11,129,600) (value-added tax) with the sales contract of this case. The Plaintiff received KRW 1,00,000 from D with the account in the name of G, KRW 5,956,00,000,000 from the account in the name of one bank, and KRW 31,19960,000.

this paper will draw up and deliver a deposit slip to that effect.

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