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(영문) 서울중앙지방법원 2017.05.17 2015가합580010
매매대금반환
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. On November 18, 2003, the Plaintiff purchased real estate listed in the separate sheet (hereinafter “instant real estate”) from the Defendant for KRW 50 million (hereinafter “the instant sales contract”), and paid KRW 1100 million as the down payment on the date of the contract. Of the remainder of the sales price, KRW 300 million was substituted by accepting the secured debt of the right to collateral security (a loan obligation equivalent to KRW 300 million against an enterprise bank; hereinafter “the instant loan obligation”) established on the instant real estate in lieu of accepting the secured debt of the right to collateral security (a loan obligation equivalent to KRW 300 million against the enterprise bank), and an agreement was made to pay KRW 140 million on January 18, 2004.

However, upon delay in the acceptance of the instant loan obligation, the Plaintiff and the Defendant converted the remainder of KRW 140 million into an intermediate payment, and the Plaintiff accepted the instant loan obligation and completed the registration of ownership transfer in the name of the Plaintiff, and agreed to bear interest on the loan accrued until the time of debt acquisition.

Accordingly, on January 18, 2004, the Plaintiff paid an intermediate payment of KRW 140 million to the Defendant, and received the instant real estate from the Defendant on the same day.

On August 7, 2006, the Plaintiff sent a letter (No. 6, hereinafter “instant letter”) to the Defendant on the charge of violating the Punishment of Tax Evaders Act. The main contents of this case are as follows.

By August 25, 198, the author asked the creditors of the B president (the Defendant) that he would have refused to directly ask the creditors of the Cropian’s supporters’ association (the Cropian’s association) to transfer the registration, and asked the creditors of the Bropians or missionary supporters’ associations individually, and on August 24, 200, Dropians return to the Philippines.

D Finally, I asked Dogdogs to be asked.

(The investment was made on the second underground floor that he would wish to do so) but the State time shall be considered to be the person who has given up August 25, and the State time shall be considered to be the person who has given up on August 25.

Therefore, a written waiver shall be drawn up and fixed.

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