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(영문) 대구고등법원 2015.09.09 2014나3215
매매계약부존재확인
Text

1. The part of the judgment of the first instance against the plaintiff shall be revoked.

Attached Tables 1 through 7, 11 through 7, between the Plaintiff and the Defendant.

Reasons

1. The following facts are either in dispute between the parties or in accordance with the purport of Gap evidence Nos. 1, 2, 3, 5, and 6, and Eul evidence No. 1 (including the number, if it is not specially indicated; hereinafter the same shall apply), as a whole, and there is no counter-proof.

On July 3, 2012, the Plaintiff entered into a contract with the Defendant under which the Defendant sells the part indicated in Appendix 2 (hereinafter “FD land”) to the Plaintiff for KRW 165,00,000 (hereinafter “FD land contract”), among the part indicated in Appendix 2 (hereinafter “FD land”) in the Daegu-gun, Daegu-gun, and four parcels (hereinafter collectively “F land”). As a result of division, the Plaintiff agreed to pay the Defendant the remainder amount of KRW 145,00,000 to the Defendant for KRW 20,000,000. The Plaintiff paid the remainder amount of KRW 145,000,000 to the Defendant, and the Defendant provided the Plaintiff with the necessary documents for the registration of ownership transfer at the same time as the receipt of the remainder.

B. On July 5, 2012, the Plaintiff paid the Defendant a down payment of KRW 20,000,000, out of the F.D. Land Purchase Price.

2. Sales amount: The sum of KRW 1,350,000 ( KRW 1,350,000): The sum of KRW 145,00,000 per day ( KRW 145,000) shall be paid at the time of the contract and received in the course of the contract: this billion ( KRW 200,000) shall be paid at the time of the deposit of the F land sale price.

Balance: One million won (one million won,005,000,000) shall be the site at the same time as the registration of transfer after changing the form and quality of the site.

C. On October 15, 2012, the Plaintiff prepared a contract with the Defendant to purchase each real estate listed in the separate sheet No. 1 attached hereto owned by the Plaintiff, G, H, I, and J (hereinafter collectively referred to as “real estate”) under the following conditions (Evidence No. 5, hereinafter referred to as “instant contract”).

At the time of drawing up the instant contract, the Plaintiff and the Defendant are obligated to pay the Defendant the remainder of KRW 145,00,000 according to the F.D. land contract.

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