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(영문) 서울서부지방법원 2019.09.26 2018가단6641
매매대금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. The parties’ assertion

A. The Plaintiff’s assertion on April 19, 2008, sold the apartment house D (hereinafter “the apartment of this case”) owned by the Plaintiff to the Defendant in the amount of KRW 375 million. The purchase price is KRW 10 million under the provisional contract amount already paid and KRW 40 million under the title of the down payment and the intermediate payment at the time of transfer of ownership, and the copy of the register on the apartment of this case of E Association, the “E Association” appears to be an obvious clerical error in the “F Association”.

In the event that a contract was made to pay the remainder of KRW 50 million within one year after the date of registration of transfer of ownership and acquisition of the collateral obligation of KRW 270 million for the collateral security against B, the remainder of KRW 375 million is deducted by the amount of KRW 10 million for provisional contract and KRW 270 million for the collateral security obligation of the Defendant acquired at KRW 375 million, and the remainder of KRW 95 million for the collateral security obligation of KRW 20 million.

B. The Defendant’s assertion that the actual purchase price with respect to the apartment of this case was KRW 10 million as down payment and KRW 280 million as collateral obligation of the right to collateral security, and the Plaintiff’s assertion that the purchase price claimed by the Plaintiff was based on the business contract unilaterally prepared and reported by the Plaintiff, with no merit.

2. As to whether the purchase price for the apartment of this case was agreed to KRW 375 million between the Plaintiff and the Defendant, it is difficult to believe that each entry in the evidence Nos. 7 and 19, which seems consistent with the above, was made. According to each entry in the evidence Nos. 2, 5 and 11, it is recognized that the Defendant completed the registration of transfer of ownership on May 16, 2008 with respect to the apartment of this case with the trade price of KRW 375 million due to the sale on April 19, 2008.

On the other hand, the following circumstances, which can be revealed in full view of the statements in the evidence Nos. 1, 2, and 3 and the testimony of the witness G, are generally made at the same time in the sales contract for real estate and the implementation of the procedure for ownership transfer registration.

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