(영문) 광주지방법원 2014.09.30 2013가단509703

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(영문) 광주지방법원 2014.09.30 2013가단509703

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1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. As to the instant real estate, the buyer and the seller as the defendant and the total of the sales price is KRW 277,897,395 [=263,320,000 (the land price forming the sales price, and the construction price column are written in public column.

A) A sales contract (hereinafter “instant sales contract”) signed on March 15, 2013, which stipulates that value-added tax is KRW 14,577,395, and the contract date is March 15, 2013. The cover of the instant sales contract, the sale price, and the buyer’s column are affixed with the seals of each C and D.

B. The Plaintiff deposited KRW 12,60,720 on March 15, 2013 with the Defendant’s account, KRW 75,577,395 on April 15, 2013, and deposited KRW 12,60,720 on April 15, 2013 with the Defendant’s account.

C. On March 15, 2013, C, including the instant real estate from the Defendant, purchased at KRW 2.7 billion a total of KRW 108, 109, 110, 202, 203, 204, 301, 302, and 304, and KRW 2.7 billion at the time of the contract, and the down payment amount of KRW 200 million at the time of the contract, the remainder amount of KRW 400 million on April 4, 2013, and the remainder amount of KRW 2.1 billion on April 15, 2013, as a special agreement, the buyer may change the transfer of ownership to the said building, and the buyer shall deposit the down payment and the intermediate payment directly into the seller’s account at the time of concluding the sale and lease contract with a third party.

The defendant prepared a sales contract on March 15, 2013 with the sale price of KRW 369,376,00 with regard to the above F building 202 as to G and H designated by C, and completed the registration of ownership transfer under the name of G and H on April 15, 2013. Likewise, the above F building was completed between D and D designated by C with regard to the sale price of KRW 1,371,968,00 (i.e., the sale price of KRW 327,161,60,200 as the sale price of KRW 379,41,201,300 as the sale price of KRW 379,929,60 as the sale price of KRW 370,300 as the sale price of KRW 370,302 as the sale price of the above F building, and (ii) the sale price of KRW 1,301,3036,136,405.27

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