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(영문) 부산지방법원 2017.11.30 2017나41030
매매대금반환
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

Reasons

1. The reasoning of the court's explanation concerning this case is as stated in the reasoning of the judgment of the court of first instance, since it is the same as stated in the reasoning of the judgment of the court of first instance, other than to write or add the judgment of the court of first instance as follows. Thus, it is citing it as it is by the main text of

Under Chapter 2, the defendant added the following contents to "C" of Part 5 to " Q 5," and then added them to "the spring of Part 4," the following, the defendant argued that the defendant would exchange the building No. 2 Dong 101, Seo-gu, Busan, which was purchased from R to 30,000,000 won with the land No. 2 of this case, and acquired the building No. 2 of this case from Q Q from 30,000,000 won, and completed the registration of ownership transfer for the land No. 2 of this case to F at the plaintiff's request, so the purchase price for the land No. 2 of this case for the plaintiff should be recognized as 30,000,000 won.

However, the sales contract (No. 7 No. 1 and No. 27-4) submitted by the defendant stated that the defendant purchased the land of this case No. 2 from Q on January 30, 2012 and the defendant purchased the building of this case from R on November 20, 2012, about about about 10 months. In light of these facts, the above argument by the defendant that he acquired the building of this case by exchanging the above two real estate at a price is not persuasive, and there is no other evidence to acknowledge the fact of the above assertion by the defendant.

6. On August 21, 2014, the Plaintiff repeatedly sent text messages requesting payment to the Defendant from August 21, 2014, following the date when the Plaintiff transferred the land No. 4 of this case to the Defendant, which is the date when the Plaintiff transferred the land No. 4 of this case, to the Defendant.

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