(영문) 의정부지방법원 고양지원 2018.10.05 2016가단13706

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(영문) 의정부지방법원 고양지원 2018.10.05 2016가단13706

매매대금

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1. The plaintiff's claim is dismissed.

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

Reasons

1. Summary of the parties' assertion as to the cause of the instant claim

A. The Plaintiff’s assertion (1) around October 29, 2009, the Plaintiff purchased 300 square meters from D, the husband of the Defendant (Seoul before the opening name), who is the husband of the Defendant (Seoul) and paid KRW 20 million at the cost of civil construction work, under the pretext of contract deposit.

However, the plaintiff did not accept the registration of transfer on the ground that D does not constitute the division of the above land, and explained the defendant who is his spouse at around 2012, and the defendant said that he would be liable for the above down payment of KRW 20 million and the defendant would return the down payment.

② After that, G (the Plaintiff’s seat) concluded a sales contract with the Defendant to the effect that one’s seat wants to purchase the said H land, and the Plaintiff agreed to substitute the payment of the down payment and intermediate payment for the following sales contract: (a) the Plaintiff entered into the sales contract with the Defendant as follows; and (b) the Plaintiff agreed to pay the down payment and intermediate payment for the sales contract.

[The content of the sales contract] The Defendant’s share of KRW 165,00 in the purchase price shall be KRW 165,000 (hereinafter “the sale in this case”) and KRW 2,50,000 in the amount of KRW 165,50,000,000 in the amount of KRW 165,000,000,000 in the amount of KRW 165,000,000 in the amount of KRW 3,50,000 in the amount of the said share, and KRW 145,00,000 in the remainder of KRW 1,50,00 in the amount of the said share shall be paid after the division of the said land (hereinafter “I land”), and around December 12, 2012, the Plaintiff introduced the Plaintiff’s share of the said real estate in the name of the Plaintiff.

Accordingly, around December 15, 2012, the plaintiff, defendant, L, and M (K's wife) drafted a written contract with the plaintiff, defendant, L, and M (K's wife) together.

④ However, the Defendant, after the instant sales contract, sells the said real estate to N and until the registration of transfer.

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