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(영문) 의정부지방법원고양지원 2017.04.19 2016가단26719
추심금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. On October 22, 2015, the Plaintiff entered into a real estate purchase and sale contract between B and the Defendant on August 18, 2015, and entered into a real estate sale and purchase contract between B and the Defendant on August 18, 2015, and based on the registration date of the transfer of ownership claim made under No. 74395 on August 18, 2015, the registration date of the transfer of ownership claim by B against the Defendant, and the registration date of the purchase price claim by B against the Defendant (hereinafter “sale purchase price claim”), the receipt of the Seoul Southern District Court’s 2015 Other 16261 claims and collection orders against the Defendant, and the fact that the above seizure and collection orders were served on the Defendant on October 22, 2015 is not disputed between the parties, or can be recognized in view of the overall purport of the entry and pleadings in subparagraph 1.

2. Determination as to the cause of action

A. The Defendant is obligated to pay KRW 168,029,433 to the Plaintiff with the collection money based on the collection order based on the Plaintiff’s allegation, the seizure and collection order.

B. On the other hand, in a lawsuit for collection, the existence of the claim for collection is a requisite fact, and the burden of proof is borne by the plaintiff.

(2) In light of the above legal principles, the Plaintiff’s claim for the purchase price of this case, which is the subject of collection, is insufficient to recognize the existence of the claim for the purchase price of this case, based on the health account and the evidence presented by the Plaintiff, in light of the above legal principles, and there is no other evidence to acknowledge the existence of the claim for the purchase price of this case.

Rather, the following circumstances recognized by the Defendant comprehensively taking into account the respective descriptions of the evidence Nos. 1 through 12 and the overall purport of the pleadings, namely, ① the Defendant: (a) purchased from B of August 18, 2015 all of the land at KRW 6,26,00,00 in total from G, H, I, J, J, K, L, M, N, P, P, Q, Q, and R in the instant sales contract; and (b) paid all of the instant sales price to B; (c) the Defendant purchased only part of the land C, D, E, F from B, and so, after entering into a pre-sale contract, the Defendant filed a claim for ownership transfer registration with the High Government District Court of Yangyang Branch Branch on August 18, 2015 as the receipt of the ownership transfer registration No. 74395, Aug. 18, 2015.

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