beta
Text
1. The part against the plaintiffs, which orders payment under the judgment of the court of first instance, shall be revoked.
Reasons
1. Basic facts
A. On May 2, 2008, the Defendant decided to purchase a building of 95.90 square meters and its 4th floor (hereinafter “instant real estate”) owned by the Deceased, Dobong-gu Seoul Metropolitan Government, which was a friendship E (hereinafter “the deceased”), and drafted a sales contract (hereinafter “instant sales contract”) stating that the purchase price shall be KRW 39.1.5 million (the contract amount of KRW 30 million shall be paid on the date of the contract, and the intermediate payment of KRW 150 million shall be paid on the date of the contract, and the intermediate payment of KRW 150 million and the remainder of KRW 21.5 million shall be paid in installments, but the intermediate payment and the remainder payment of the remainder shall not be written).
B. The Defendant completed the registration of ownership transfer in the name of the Defendant on May 26, 2008 on the instant real estate on the grounds of sale as of May 21, 2008.
C. The Defendant paid to the Deceased a total of KRW 312 million on May 22, 2008, including KRW 182 million, KRW 130 million on July 2, 2008, and KRW 312 million on July 2, 2008. The Defendant succeeded to the obligation to return the lease deposit amount of KRW 20 million on G, a lessee, on the first floor of the instant real estate.
(1) No. 13 to 5) d.
The defendant will pay KRW 156 million to the deceased on September 18, 2009.
“The evidence No. 8 of the content of the Cash Storage (A) was prepared and issued.
E. The Deceased died on December 31, 2009, and there is Plaintiff A and Plaintiff B and C, the deceased’s heir, who is the deceased’s spouse.
[Reasons for Recognition] Facts without a partial dispute, Gap evidence Nos. 1 through 4, 8, Eul evidence No. 13 (including each number; hereinafter the same shall apply), the purport of the whole pleadings
2. The parties' assertion
A. The Plaintiffs’ assertion 1) The actual purchase price of the instant real estate determined between the deceased and the Defendant was KRW 50 million, but on the ground of tax burden, the sales price was KRW 391.5 million on the instant sales contract. However, the amount that the deceased received from the Defendant was KRW 312 million (= KRW 182 million). Since the amount that the deceased received from the Defendant was KRW 130,000,000,000,000 won, the Defendant was unpaid and the Defendant was 18,000,000 won.