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(영문) 의정부지방법원고양지원 2017.08.02 2015가합3594
매매대금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Determination on a claim for the purchase price

A. Facts of recognition 1) The Plaintiff is the Defendant on November 16, 2006, and the Plaintiff is only the Defendant, who purchased from C on July 27, 2006, the Plaintiff purchased from C (hereinafter “D interest”).

(E) 3,021 square meters (F 22 square meters on June 15, 201) were divided into 2,99 square meters and became 2,99 square meters.

(D) 1,000 square meters out of G 1,977 square meters (hereinafter referred to as “Dri land”).

(2) On April 26, 2007, the Defendant completed the registration of ownership transfer (hereinafter “the registration of ownership transfer of this case”) with respect to the share of approximately 1,316/1,97 out of the share of KRW 2,360/3,021 square meters in E 3,021 square meters and the share of KRW 1,977 square meters in G 1,316/1,97 [3,66 square meters in 1,112 square meters in 2,360 square meters in 2,360 square meters, 1 square meters in 3.30578 square meters in 3.305 square meters in decimal, 1,000 square meters in Dri land].

[Ground of recognition] Facts without dispute, Gap evidence 1-1-2, Gap evidence 3-1-3, the purport of the whole pleadings

B. The Plaintiff’s assertion 1) on November 16, 2006: (a) sold DNA land in KRW 1.4 billion to the Defendant on November 16, 2006; and (b) 110 square meters out of each land of KRW 3,021 square meters in E field and KRW 1,977 square meters in G (as seen in the foregoing, approximately 112 square meters).

(2) Around September 2004, the Defendant sold KRW 150 million, and completed the instant registration of ownership transfer with respect to shares equivalent to the above KRW 1110 square meters (i.e., KRW 50 million). However, the Defendant succeeded to each of the above lands, and paid KRW 50 million out of the purchase amount for KRW 110 square meters additionally purchased. As such, the Defendant is obligated to pay the remainder of KRW 1 billion to the Plaintiff (i.e., KRW 1., KRW 150 million - KRW 50 million - KRW 50 million - KRW 50 million). The Defendant received from the Plaintiff around September 2004, KRW 200, KRW 2541 square meters of H-si Forest land (hereinafter “H land”). The Defendant paid KRW 1.4 billion to the Plaintiff on October 28, 2004; and the Defendant paid KRW 1.4 billion to the Plaintiff an investment of KRW 1.4 billion.4 billion.

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