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(영문) 제주지방법원 2016.01.26 2015가단5704
매매대금
Text

1. All of the plaintiff's claims are dismissed.

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

Reasons

1. Basic facts

A. On June 18, 2007, the Plaintiff entered into a contract with the Defendants, who are his wife D, to sell KRW 557 square meters prior to Seopo-si KRW 117.6 million (hereinafter “instant sales contract”) and completed the ownership transfer registration (hereinafter “instant registration”) with the Jeju District Court No. 27467 on July 2, 2007.

B. The instant sales contract provides that the down payment shall be KRW 30 million on the date of conclusion of the contract, KRW 57.6 million on June 21, 2007, and KRW 30 million on June 26, 2007, and KRW 1.4 million on January 22, 2007, and KRW 1.4 million on February 17, 2007, which the Plaintiff borrowed from Defendant E, and KRW 1.4 million on February 17, 2007, KRW 1.4 million on the above down payment, KRW 1.8 million on June 18, 2007, KRW 1.8 million on June 26, 2007, KRW 9.7 million on June 26, 2007, KRW 9.7 million on June 27, 2005, KRW 9.7 million on June 26, 2007, KRW 97.6 million on June 26, 2007.

[Ground of recognition] Facts without dispute, Gap evidence 1, Eul evidence 4-1, 2-2, Eul evidence 1 through 9 (the authenticity of Eul evidence 2 is recognized as the whole purport of the pleadings in witness D's testimony), witness D's partial testimony, and the purport of whole pleadings.

2. Determination

A. 1) The Plaintiff concluded the instant sales contract by means of a false conspiracy, and completed the instant registration based on the certificate of farmland qualification in the name of the Defendants issued by D with false falsity. Therefore, the Plaintiff asserted that the instant registration was null and void, and filed a claim for the implementation of the registration procedure for cancellation of the instant registration against the Defendants. 2) Therefore, the instant sales contract is based on a false conspiracy.

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