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(영문) 서울중앙지방법원 2015.08.13 2015가단25394
매매대금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Judgment on the plaintiff's claim

A. On October 12, 2010, the Plaintiff asserted that the Plaintiff sold KRW 9,917 shares in KRW 198,00,000 among Gyeonggi-gun B forest land No. 579,039 square meters (hereinafter “instant real estate”). On October 14, 201, the Plaintiff filed a registration for the transfer of ownership with the Defendant on shares of KRW 9,917,579,000 among the instant real estate, and the Defendant was obligated to pay the Plaintiff the amount of KRW 88,00,000,000, which is part of the purchase price.

B. According to the evidence Nos. 1 and 3 evidence, the following facts are acknowledged: (a) on October 14, 2010, the head of Seocheon-gu issued a certificate of completion of the real estate transaction contract, “the purchaser, the Plaintiff, and the goods involved in the transaction, 9,917 shares of 579,039,039, and the transaction amount of 198,000,000 won,” and (b) on October 14, 2010, the registration of transfer of ownership was completed on October 14, 2010 for shares of 9,917,57 shares, which are the Plaintiff’s shares, among the real estate in this case, for the purpose of the transaction on October 14, 2010 (the transaction value of 198,000,000 won).

However, the following circumstances, which can be revealed in full view of the purport of the entire pleadings in the statements in evidence Nos. 1 through 4 (including the number of branch numbers), namely, ① the Plaintiff’s representative director of the Plaintiff Company C (hereinafter “C”) entered into a sales contract where the Defendant’s mother and the Defendant’s legal representative (3,00 square meters) sell the instant real estate to D on September 30, 2008, and C entered into a receipts of KRW 10 million as of September 30, 2008, and KRW 98,000,000 as of October 20 of the same year, and KRW 18,000 as of October 22, 2008; ② the Plaintiff’s district court’s registry office received on October 18402 under the Defendant’s name as to the ownership transfer registration of KRW 579,39,97,97, Oct. 29, 208.

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