(영문) 인천지방법원 2017.08.16 2016가단38190

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(영문) 인천지방법원 2017.08.16 2016가단38190

분양권매매대금

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1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. The Plaintiff entered into a contract to sell to the Defendant the sales right of 113, Seo-gu Incheon, Seo-gu, Incheon, through C, one’s agent.

B. At the time of the conclusion of the above contract, the Plaintiff had unpaid intermediate payments, the remainder and the value-added tax (48,933,784 won). The Plaintiff was refunded KRW 18,350,169 among the value-added tax paid by the executor on behalf of the Plaintiff, but the Plaintiff was refunded KRW 18,350,169.

The Defendant succeeded to the unpaid amount of KRW 752,827,442, and deducted value-added tax of KRW 48,933,784 paid by the executor in lieu of the other KRW 77,172,558, and agreed to the remaining KRW 28,238,774 as the purchase price to be paid by the Defendant to the Plaintiff.

C. The main contents of the above contract are as follows.

The seller and the buyer shall determine the total purchase price of KRW 830,00,00. The buyer shall pay the down payment of KRW 188,206,860, which the seller has paid to the seller to the Bank of Bankruptcy, KRW 77,172,558, out of the down payment of KRW 188,20,860, and the seller shall give up the remainder of KRW 111,034,30,302. The value-added tax that the seller shall give up the conditions for comprehensive acquisition or the refund of KRW 18,350,169 and KRW 30,583,616, which are expected to be refunded, shall be deducted from the total purchase and sale payment of KRW 77,172,558, and the remainder of KRW 28,238,774, which shall be paid to the seller as the remainder.

The buyer must pay the above 48,933,784 won after deducting the buyer as part of the balance of the sale price to the executor.

Pursuant to the above contract, the Defendant: (a) KRW 5 million as the down payment on June 2, 2016; and (b) the same month as the Plaintiff.

7. The remainder KRW 23,238,774 was paid through a licensed real estate agent.

[Reasons for Recognition] Uncontentious Facts, Entry of Evidence Nos. 1, 2, 3, and 4, Witness E’s Testimony, and the purport of the whole pleadings

2. The plaintiff's assertion and judgment

A. The Plaintiff’s assertion No. 1 cannot be recognized as the authenticity of the Plaintiff’s assertion.

The purchase price pursuant to the sale contract of this case shall be 941,034.

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