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(영문) 광주지방법원 2017.08.10 2015가단49823
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. As to the real estate listed in the separate sheet (hereinafter “instant real estate”), the Plaintiff’s transaction value from C on June 28, 2013 is 163,00,000,000.

6.14.As to the registration of ownership transfer by sale, it shall be transferred;

On June 28, 2013, the Plaintiff completed the registration of the establishment of a mortgage over the said real estate at KRW 120,000,000 with the maximum debt amount, KRW 36,00,000 with respect to D on December 31, 2013, and each of the obligors, the Plaintiff completed the registration of the establishment of a mortgage over the said real estate.

B. As to the instant real estate, the Plaintiff was affiliated with D on March 26, 2015.

3.25.Cancellation of the registration of creation of a neighboring mortgage due to the termination of the said year;

3. 26. The Defendant completed the registration of ownership transfer on the ground of sale on the same date as the transaction value of 180,000,000.

On April 2, 2015, the Defendant was cancelled the registration of the establishment of a neighboring community on the ground of the termination of March 25, 2015.

【Ground of recognition】 The fact that there is no dispute, Gap 1, 4, and the purport of the whole pleading

2. The assertion and judgment

A. On March 26, 2015, the Defendant purchased the instant real estate from the Plaintiff in KRW 180,00,000,000, and thus, the Plaintiff should pay the Plaintiff the remaining purchase and sale price of KRW 30,86,90, and damages for delay thereof. 2) The Defendant purchased the instant real estate from the Plaintiff from the Plaintiff, and the Plaintiff prepared a sales contract under the Plaintiff’s understanding, and completed the registration of ownership transfer in the Plaintiff’s name, and E sells it to the Defendant, not the Plaintiff.

Even if the Plaintiff sold it to the Defendant, the Defendant paid 150,000,000 won to the Plaintiff’s agent E, and upon the Plaintiff’s request, paid 14,000,000 won to G, 10,000 won to H, and 4,00,000 won to H, respectively.

B. A sales contract made between the Plaintiff and the Defendant is based on the following: (a) evidence Nos. 5, 6-1, 2, and witness E, and the Plaintiff’s sales contract made with the Defendant.

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