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(영문) 창원지방법원 2017.09.14 2016가합1342
약정금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. The plaintiff's assertion that on January 8, 1997, the plaintiff's husband C entered into a contract with the defendant to purchase the land D (hereinafter "the land of this case") and the building on the ground (hereinafter "the building of this case", and the land of this case together with the land of this case (hereinafter "the contract of this case") for KRW 300 million (hereinafter "the contract of this case"). The plaintiff paid the defendant the down payment of KRW 1.4 million and the intermediate payment of KRW 150 million according to the contract of this case. The building of this case sold the building of this case in a voluntary auction procedure on September 11, 1997 and the contract of this case was in an impossible condition, and the defendant is obligated to return KRW 190 million, which is part of the purchase price paid to the plaintiff who inherited C on December 22, 2006.

(Plaintiffs only seek the return of KRW 40 million and the intermediate payment of KRW 150 million out of KRW 14 million for the convenience of proof. 2. Determination

A. First, we examine whether the authenticity of the “Real Estate Sales Contract” (hereinafter “instant contract”) No. 6 submitted by the Plaintiff as a disposal document concerning the instant sales contract is established.

According to the shape of the parts indicated in the evidence No. 6, the shape of the original part of the Defendant’s pen as indicated in the appraisal document submitted by the appraiser E, and the shape of the original part indicated in the evidence No. 14-2, the author’s name, resident registration number, and address recorded in the seller’s column of the contract of this case are similar to the Defendant’s penology, and also similar to the seller’s seal affixed on the contract of this case and the Defendant’s seal imprint reported by the Defendant.

However, appraiser E presents the opinion that the name, resident registration number, and address of the defendant stated in the seller column of the contract of this case cannot be confirmed to be written by the defendant. The contract of this case is a copy of the original document, including the seller and the buyer column.

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