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(영문) 대구지방법원상주지원 2015.09.17 2015가합126
매매대금
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 November 2, 2011, the Plaintiff concluded a sales contract with the Defendant to sell real estate listed in the separate sheet (hereinafter “instant real estate”) for KRW 367.5 million (hereinafter “instant sales contract”).

B. At the time, the Plaintiff and the Defendant agreed to pay KRW 20,300,000,000 out of the purchase price, by the Defendant, the actual secured debt amounting to KRW 60,30,000,000 and the security deposit deposit amount to KRW 160,000,000,000,000,000

C. In addition, the Defendant stated that the Plaintiff paid KRW 17.2 million to the Plaintiff on November 2, 201, which was the date of the instant sales contract, and KRW 27.2 million on November 3, 201, which was the following day, to the effect that the Defendant paid KRW 17.5 million to the Plaintiff in the reply, etc., but, in light of the evidence No. 3-17 (Detailed Statement of Savings Bank Transactions in the Name of the Plaintiff, the Defendant, as alleged by the Plaintiff, was deemed to have paid the Plaintiff KRW 27.2 million on the said date.

After payment, on November 3, 201, the Plaintiff received the registration of ownership transfer from the Plaintiff for the instant real estate on the ground of the instant sales contract.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 through 3 (including branch numbers for those with additional numbers; hereinafter the same shall apply) and the purport of the whole pleadings

2. The assertion and judgment

A. The plaintiff's assertion 1) The summary of the plaintiff's assertion is that the defendant paid the purchase price of KRW 367.5 million among the purchase price of KRW 367.5 million under the contract of this case, the contract date and the following day, and the above KRW 247.5 million, which was paid by the defendant in the manner of acquiring the defendant's obligations, and the remaining KRW 12.5 million, and the defendant did not receive the remainder of KRW 120 million. Thus, the plaintiff's assertion that the defendant's claim is that the defendant's debt of KRW 120 million against the defendant of the non-party C, who was his/her one's subordinate, shall be paid to the defendant.

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