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(영문) 춘천지방법원강릉지원 2016.11.23 2016가단2440
매매대금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. On May 31, 2004, the Plaintiff completed the registration of ownership transfer on February 19, 2016 (hereinafter “instant sales contract”) after selling C,330 square meters (hereinafter “instant land”).

2. Assertion and determination

A. The Plaintiff’s assertion 1) At the time of the instant sales contract, the sales price was KRW 160 million as at the time of the Plaintiff’s assertion. However, the Defendant merely paid KRW 50 million on the day of the contract, KRW 52 million on June 18, 2004, KRW 8 million on February 19, 2016. The Defendant is obligated to pay the remainder of KRW 50 million to the Plaintiff (i.e., KRW 160 million - KRW 50 million - KRW 52 million - KRW 52 million - eight million - eight million as at the time of the instant sales contract’s assertion by the Defendant and the Defendant’s Intervenor’s assertion, but the sales price was KRW 10 million on the day of the contract, KRW 50 million on the day of the contract, KRW 50 million on the day of the remainder, KRW 50 million on the day of the contract, and KRW 60 million on the day of payment.

However, since the defendant is not a farmland corporation, it shall be received later, and the expenses and capital gains tax shall be paid in addition to 18 million won until the transfer of ownership is made.

The Defendant paid to the Plaintiff KRW 50 million on May 31, 2004, KRW 50 million on June 17, 2004, KRW 10 million on June 18, 2004, KRW 18 million on June 18, 2004, and KRW 8 million on February 19, 2016.

The Plaintiff’s claim for the purchase price was fully extinguished.

B. 1) Determination 1 and 2 (Evidence A4) of the sales amount stipulated in the instant sales contract

Each statement in the above evidence and evidence Nos. 2 and 160 million won are not believed in light of the following circumstances, each statement in the above evidence, and the purport of the entire pleadings, and there is no evidence to acknowledge that the sales amount stipulated in the sales contract of this case is KRW 160 million.

o The plaintiff is the person who does not have the original of Gap evidence No. 1.

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