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(영문) 서울중앙지방법원 2017.11.09 2017나5968
매매대금
Text

1. Of the judgment of the first instance court, KRW 19,690,000 against the Plaintiff regarding the Defendant and its related thereto, from October 11, 2014 to November 9, 2017.

Reasons

1. The following facts of recognition do not conflict between the parties, or may be acknowledged by adding up the whole purport of the pleadings to the statements in Gap evidence Nos. 1, 2, 4 to 7, 9 to 11, 1 to 3, 5, 7 to 10.

1) On May 30, 2014, the Plaintiff entered into a real estate sales contract with the Defendant and C on May 30, 2014, indicated as “provisional partition” among the five parcels of land outside Gyeonggi-gun D, 7, 8, 9, and 210,000 won in total of the sale price (Evidence A No. 4; hereinafter “instant sales contract”).

(2) On the same day, the Defendant and C received KRW 10,00,000, out of the down payment. According to the above sales contract, the sale area purchased by the Defendant and C is a total of 1,38,000 square meters (420 square meters), the exclusive use area is 1,256 square meters (380 square meters) and the joint use area is 132 square meters (40 square meters) and the above area may be reduced or decreased after the division. The part falling under the exclusive use area of each purchaser and the road are able to be divided and divided by the seller, and the joint use area falling under the road is able to be divided and packed by the seller. (2) After that, the Plaintiff entered the part indicated “Provisional Division” in attached Form 9 [124 square meters), 444,13, 455, 138, and 130,000 square meters (130,000 square meters) among the buyers of the sales contract in this case and the Defendant purchased the sale area and 13070,2,07,2,20.

B. The Defendant paid to the Plaintiff a total of KRW 50,00,000,000, out of the purchase price stipulated in the instant individual contract. (2) After that, the Plaintiff is the father G of the Defendant who represented the Defendant in the “F Real Estate Consulting” that arranged the instant sales contract around August 6, 2014.

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