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(영문) 춘천지방법원 2018.08.28 2017가단1991
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. On September 29, 201, the Plaintiff and C concluded a service contract with the purport that C shall grant the right to develop and sell Hancheon-gun, Hongcheon-gun, and 17 parcels (hereinafter “D”) owned by the Plaintiff, and that C shall enter into a real estate sales contract in the name of the Plaintiff, and both the contract deposit and the intermediate payment shall be deposited into the Plaintiff’s passbook, and that C shall autonomously determine the sale price. The Plaintiff entered into a service contract with the purport that C shall immediately pay the amount exceeding KRW 300,000 for land under its control and the amount exceeding KRW 150,00 for land in an agricultural and forest area (hereinafter “service contract”).

As a broker under the service contract, on December 23, 201, the Plaintiff entered into a sales contract with the Defendant on December 23, 201, that: (a) the Plaintiff sells the purchase price of KRW 76 million (land purchase price of KRW 64,640,1360,000; KRW 20 million; KRW 20 million; and KRW 36 million in the remainder of March 10, 2012; and (b) the Plaintiff received KRW 20 million in the intermediate payment of KRW 36 million in the remainder of March 10, 2012 (hereinafter “instant sales contract”); and (c) the Defendant received KRW 20 million in the down payment from the Defendant.

B. On February 15, 2012, the Defendant paid to the Plaintiff KRW 20 million in the intermediate payment and KRW 21 million in the remainder on March 13, 2012.

On March 16, 2012, the Plaintiff completed the registration of transfer of ownership with respect to shares of 370/767 square meters in Hongcheon-gun E forest land, which falls under the instant land, 157/149 square meters in F forest land, and 241/549 square meters in G forest land, among G forest land 549 square meters.

[Reasons for Recognition] Unsatisfy, Gap 1, 2, 8 (including virtual numbers), the purport of the whole pleadings

2. The Plaintiff’s assertion that the Plaintiff did not pay KRW 15 million out of the purchase price under the instant sales contract, and thus remaining.

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