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(영문) 인천지방법원 부천지원 2018.04.10 2017가단14170
매매대금
Text

1. Defendant B’s KRW 38,00,000 and the Plaintiff’s annual rate from August 14, 2017 to April 10, 2018.

Reasons

1. Basic facts

A. On April 14, 2017, the Plaintiff was divided into D, E, or 5, and was divided into KRW 43,339 square meters of land D, Gangwon-gun, Gangwon-do, the Plaintiff owned with Defendant B.

(hereinafter “instant real estate” was entered into a sales contract to sell the instant real estate to Defendant B (hereinafter “instant sales contract”). The sales price is KRW 88 million under the sales contract, the remainder amount is KRW 5 million, the remainder amount is KRW 83 million, and the remainder payment date is August 13, 2017.

B. Defendant B paid to the Plaintiff KRW 56 million in total the down payment and intermediate payment based on the instant sales contract.

C. At the time of the instant sales contract, the Plaintiff and Defendant B agreed to pay to the Plaintiff the transfer income tax of KRW 6 million that may arise therefrom.

On July 20, 2017, Defendant B completed the registration of ownership transfer on the instant real estate.

[Ground of recognition] Facts without dispute, Gap evidence 1, 2 (including additional number), Eul evidence 2, the purport of the whole pleadings

2. The Plaintiff’s alleged Defendants jointly purchased the instant real estate from the Plaintiff in accordance with the instant sales contract. At the time of the conclusion of the instant sales contract, the agreed sales amount between the Plaintiff and the Defendants was KRW 14.88 million, and the Defendants jointly and severally liable to pay to the Plaintiff KRW 14.88 million, the total amount of KRW 14.88 million, which the Defendants agreed to pay to the Plaintiff as well as KRW 11,088,000,000,000, which was calculated by deducting the total amount of KRW 56,000,000,000 from the total amount of KRW

3. Determination

A. The evidence presented by the Plaintiff regarding the claim against Defendant B alone is insufficient to recognize that the actual purchase price of the instant sales contract was KRW 1488,000,000. It is reasonable to view that the purchase price was KRW 88,000,000 according to the evidence cited earlier.

Therefore, Defendant B is the Plaintiff’s purchase price of KRW 88 million according to the instant sales contract.

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