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(영문) 의정부지방법원고양지원 2016.10.05 2016가단72538
매매대금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Determination as to the cause of claim

A. On May 17, 201, the Plaintiff asserted that the Plaintiff entered into a sales contract with the Defendant for the third floor Nos. 301 (hereinafter “instant building”) of the third floor moving to the D building in Gyeyang-gu Seoul Metropolitan City owned by the Plaintiff, and completed the registration of ownership transfer under the name of the Defendant on the same day, but the Defendant did not pay all the sales amount for the instant building up to the present day.

Therefore, the Defendant is obligated to pay the Plaintiff the purchase price of KRW 70,000,000 under the above sales contract and damages for delay.

B. The following circumstances are comprehensively taken into account: ① the Plaintiff does not possess the original copy of the sales contract concerning the instant building and the real estate sales contract (Evidence A2) submitted by the Plaintiff is merely a document submitted as evidence upon request from a registry; ② the Plaintiff and the Defendant’s father’s deceased E (the deceased on August 22, 2014; hereinafter “the deceased”) appears to have purchased the instant building and donated it to the Defendant on August 25, 2003; ③ the Plaintiff was at least four years after the completion of the registration of transfer of ownership in the name of the Defendant for the instant building, and at least four years after the completion of the registration of transfer of ownership in the name of the Defendant, the Plaintiff requested payment of the purchase price of the instant building to the Defendant on June 5, 2015; ④ The Plaintiff’s assertion that the Plaintiff was unable to claim the alteration of the purchase price of the instant building and the Plaintiff’s claim for the alteration of the purchase price, including the lack of consistency in the claim to the Plaintiff and the Plaintiff’s claim for the alteration of the purchase price.

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