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(영문) 수원지방법원여주지원 2016.02.04 2014가합10853
매매대금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. Although the registration of extension was made on February 4, 2014 of the factory site D 5,899 square meters in Leecheon-si, which was owned by C in the process of changing the ownership of each of the instant real estate, and its ground A Dong, B Dong, and C Dong factory buildings, it should not be distinguished before and after the registration.

(2) On July 27, 2011, when the registration of ownership transfer was completed on July 27, 201 with respect to the land for factory (hereinafter “instant land”), the above land for factory was called “the instant land,” and the registration of ownership transfer was completed on May 2, 2013 in the future of the Defendant on June 14, 2013.

B. With respect to the sale of each of the instant real property between the Plaintiff and the Defendant, three sales contracts (hereinafter “O sales contract”) or three sales contracts (hereinafter “O sales contract”) were prepared in order as follows. Of them, the second sales contract was concluded by E on behalf of the Plaintiff.

(1) Date of a contract: The date of May 2, 2013: The Plaintiff (Signature and seal), the buyer: the Defendant (Signature and seal of the representative director), and the broker: H (Signature and seal) of the G Real Estate Brokerage Office: KRW 1.7 billion (the amount of KRW 200 million is paid at the time of a contract and the balance of KRW 1.5 billion is paid on June 28, 2013): The date of a contract: May 2, 2013; the seller: the Plaintiff (sealed), E (Signature), the buyer’s agent: H (Signature and seal) of the G Real Estate Brokerage Office; KRW 2 billion (the amount of KRW 200 million is paid at the time of a contract, the balance of KRW 1.8 billion is paid, the amount of KRW 1.3 billion is paid at the time of payment, the signature and seal of the Plaintiff (including the signature and seal of KRW 1.3 billion) and the remainder of KRW 200 million is paid at the time of the contract.

2. The parties’ assertion and judgment are as follows.

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