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(영문) 서울고등법원 2019.07.24 2019나2000294
채무부존재확인
Text

1. The part of the judgment of the court of first instance against the Defendant (Counterclaim Plaintiff) shall be revoked, and the revoked part shall be revoked.

Reasons

The principal lawsuit and counterclaim shall be judged together.

1. Basic facts

A. 1) The Plaintiffs are married couple. The Plaintiffs are the land indicated in paragraph (1) of the attached Table and the building indicated in Paragraph (2) of the same Table on the land and its ground (hereinafter “instant land” or “instant building”), respectively, and all of them are “the instant real estate”.

(2) On April 21, 2017, Plaintiff A entered into a sales contract on May 10, 2017 between Plaintiff A and E, who was delegated with the comprehensive authority to sell and purchase the instant real estate, with the purchase and sale price of KRW 2.16 million for the instant real estate, the down payment of KRW 50 million for the instant real estate, and the remainder payment of the payment date.

(2) The Plaintiff and E claimed that the purchase price of this case is KRW 2.13 billion and the Defendant is KRW 2.16 million and there is no special reason to assert the increase in the purchase price between the parties. However, according to the result of the Plaintiff’s personal examination, the Plaintiff and E mentioned KRW 30 million in the process of the conclusion of the instant contract. In full view of the following: (a) Plaintiff and E were the contents of the instant contract, and immediately after the conclusion of the instant contract, the Plaintiffs issued a written consent for land use to the Defendant; (b) Defendant and E claimed that the purchase price of this case is KRW 2.16 million; and (c) Plaintiff and E were required to prepare the so-called “No. 200 million” (hereinafter referred to as “No. 500,000,000,000) when they disposed of the real property of this case short of the period during which they owned the instant contract.

At this time, the actual purchase price is.

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