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 January 21, 2019, the Plaintiff and the Defendant concluded a sales contract with the sales price of KRW 255,000,000 for the instant real estate (hereinafter “instant sales contract”). The Defendant received KRW 25,00,000 from the Plaintiff as the sales price.
B. On March 4, 2019, the Plaintiff completed the registration of ownership transfer of the instant real estate based on sale on January 21, 2019.
[Ground of recognition] Unsatisfy, entry of Gap evidence 1 to 3, purport of whole pleadings
2. The assertion and its judgment
A. On January 21, 2019, the Plaintiff asserted that: (a) prepared a sales contract form with the head of the sales office C working at the Defendant’s office and 255,000,000 won for the instant real estate; and (b) paid the sales price as specified in the sales contract form; and (c) completed the registration of ownership transfer on March 4, 2019 through the certified judicial scrivener office delegated by the Defendant.
On March 11, 2019, the Plaintiff received a registration certificate from a certified judicial scrivener on or around March 11, 2019, and there was a forged sales contract that was not prepared by the Plaintiff.
As such, since the Defendant forged the Plaintiff’s seal and sales contract, the sales contract in this case is null and void, and the transfer registration of ownership in this case must be cancelled as it is null and void.
Therefore, the Defendant is obligated to pay to the Plaintiff KRW 261,255,200 and delay damages from March 4, 2019, which is the date of completion of registration and payment of the remainder of the real estate in this case, together with KRW 6,255,200, which is the sum of the bank loan charges, interest and loan charges incurred by the Plaintiff in selling the real estate in this case and the redemption fees paid by the Plaintiff in order to acquire the real estate in this case.
B. In light of the overall purport of the arguments, the sales contract, which the Plaintiff claims to be forged, shall be concluded in the instant case, based on the respective descriptions of Gap evidence Nos. 1, 2, and Eul evidence Nos. 5 and 8.