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(영문) 서울중앙지방법원 2019.08.28 2018가단5093591
매매대금
Text

1. The plaintiff's primary claim and the conjunctive claim Nos. 1, 2, and 3 are dismissed.

2. The defendant shall be from net C.

Reasons

1. Facts of recognition;

A. The relationship 1) The Plaintiff’s relation to the parties is as follows: (a) Guro-gu Seoul Metropolitan Government D apartment E-dong Nos. 1, 2, 2, f and G (hereinafter “instant shopping mall F”) and “instant shopping mall G” or “instant shopping mall.”

(2) Nonparty H is a person who was in de facto marital relationship with the Plaintiff from around 2004 to 2016, and Nonparty C is the father of the Defendant.

H and C have concluded a sales contract for each of the instant commercial buildings in the name of the Plaintiff and the Defendant.

B. A real estate sales contract and ownership transfer registration 1) B between H and H on May 6, 2008, stating that “The purchase price of each of the instant commercial buildings shall be KRW 220 million (in lieu of a contract deposit of KRW 10 million, an intermediate payment of KRW 120 million, an intermediate payment of KRW 120 million, in lieu of a debt acceptance), but the transfer registration shall be completed in the name of the Defendant prior to the payment of any balance, and the remainder shall be paid in 10 million each month from August 2, 2008 (hereinafter “instant sales contract”).

2) On the same day, C and H prepared a sales contract (Evidence 1) in the name of the Plaintiff and the Defendant, and omitted the entry of the instant shopping mall F from the indication of the subject matter of sale due to mistake, and the said sales contract entered the details that the instant shopping mall G is traded at KRW 220 million in the price.

At the time of the preparation of the above sales contract, the defendant sited in company and signed it, and on May 19, 2008, the plaintiff completed the registration of transfer of ownership in the name of the defendant with respect to the shopping mall G.

3) Since then, C and H drafted a sales contract (Evidence A No. 4) stating that the purchase price was KRW 120,000,000 for the instant shopping mall in the name of the Plaintiff and the Defendant. On June 13, 2008, the Plaintiff completed the registration of ownership transfer regarding the instant shopping mall F in the name of the Defendant. 4) C and the Defendant around January 7, 2009.

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