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(영문) 대전지방법원 2016.12.23 2015가단38610
매매대금
Text

1. The Plaintiff (Counterclaim Defendant) indicated the attached sheet No. 10, 11, and 12.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Facts of recognition;

A. On April 6, 2013, the Plaintiff entered into a contract with the Defendant to sell the “F land (hereinafter “the instant sales contract”) in KRW 100 million prior to the instant subdivision. Of the sales price, KRW 20,000,000, the down payment was paid at the time of the contract, and the intermediate payment of KRW 20,000,000 was paid on December 30, 2013, and the remainder amount of KRW 60,00,000 was paid upon the sale and purchase of a house.

B. The Plaintiff completed the registration of ownership transfer on April 12, 2013 with respect to the entire area of 1179 square meters of land prior to the instant partition to Defendant B, Cheongju District Court, Cheongcheon District Court, Cheongcheon District Court, as the receipt of No. 5915 on April

C. On April 8, 2013, the Defendant paid to the Plaintiff part of KRW 10,000 among the remainder amount, KRW 20,000,000,000, and KRW 20,000 among the remainder on November 19, 2014, and KRW 10,000,000 among the remainder on November 20, 2014, and KRW 6,00,000,000 among the remainder on April 30, 2015, and KRW 5,00,000 among the remainder on May 13, 2015, respectively.

On February 12, 2015, the Defendant divided the instant land into “the instant site (hereinafter “the instant site”), “360 square meters,” E-road 108 square meters (hereinafter “the instant road”), and “the instant dry field” (hereinafter “the instant dry field”). The Defendant newly constructed a house on the instant site, sold it to Nonparty G around April 28, 2015, and transferred the ownership of the instant site to Nonparty G.

E. The non-party H is the birth of the defendant Eul, and the defendant C is the husband of the defendant Eul, and the non-party I is the plaintiff's fault.

[Reasons for Recognition] Facts without dispute, Gap evidence Nos. 1, 4, 5, and 6 (including each number), the purport of the whole pleadings

2. Judgment on a counterclaim

A. According to the overall purport of the arguments, the appraisal of Gap, 2, and 4 parts of the appraisal map Nos. 10, 11, 12, 13, and 10 each of the records and images of evidence Nos. 5, 6, 9, the witness H testimony, the result of the examination by this court, the result of the entrustment of the measurement and appraisal of the Korea Land Information Corporation, which is, in other words, the attached appraisal of the field of this case.

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