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(영문) 서울서부지방법원 2016.10.26 2015가합4047
매매대금
Text

1. All of the plaintiff's claims are dismissed.

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

Reasons

1. Basic facts

A. 1) The Defendant is a person related to the instant case. The Defendant is a forest land of 427 square meters (hereinafter “instant land”) in Gyeyang-gun, Gyeonggi-do (Dro Registration Conversion).

(2) F is a lessee who resides in the underground floor of a house owned by E, G is a son of F, and the Plaintiff is a f's friendship.

On the other hand, F died on January 16, 2015.

B. On March 5, 2015, the Defendant had constructed a building of 37.6 square meters on the instant land (hereinafter “instant building”) and sold the said land and building at KRW 31.5 million to H on the instant land and completed the registration of ownership transfer.

C. 1) On March 18, 2014, before the building of this case is newly constructed, the Plaintiff drafted a sales contract (A) with the G that claims the Defendant as the Defendant’s agent at the office of a certified judicial scrivener I on March 18, 2014, as follows. The sales contract (A) / seller: The Plaintiff’s party to the contract: (a) the sales contract (a) and the seller: the Plaintiff’s / the seller: (b) the terms of the contract / the sale amount of KRW 27 million: the method of payment and the payment of KRW 1.1 billion for the down payment: (a) the payment of the intermediate payment to the Defendant at the time of concluding the contract at the time of the conclusion of the contract - the intermediate payment of KRW 100 million for the intermediate payment: (b) the first intermediate payment of KRW 2 million to the head of the Tong on April 18, 2014; (c) the remainder payment of KRW 6 million after the completion of the construction of the building of this case: G 2 G upon the completion of the construction.

(C) The grounds for recognition of the district court 2016Ra794). 【Ground for recognition of the district court 2016Ra794. 【No dispute, there is a significant fact in this court, Gap 2 and Eul 5’s entries, the purport

2. Judgment as to the main claim

A. The Plaintiff asserted that the Plaintiff concluded a sales contract for the instant land and building with G on behalf of the Defendant, and paid KRW 249.3 million as part of the sales price.

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