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(영문) 제주지방법원 2018.01.12 2016가단60302
매매대금
Text

1. The plaintiff's main claim is dismissed.

2. As to the Plaintiff’s forest land C, Seopopopo City C, 4,728 square meters.

Reasons

Basic Facts

A. On April 22, 2008, the Plaintiff entered into a sales contract with D Co., Ltd. (hereinafter “D”) of KRW 271,700,000 for the sales price of KRW 4,728 square meters for C forest land (hereinafter “instant land”). On the same day, the Plaintiff paid KRW 71,700,000 for the down payment and the intermediate payment of KRW 100,000 for the date of the contract, and the remainder KRW 100,000 for the intermediate payment and the intermediate payment of KRW 171,70,700 on September 22, 2008. The Plaintiff received KRW 171,700,000 for the said down payment and the intermediate payment from D on the same day.

B. On October 18, 2010, E and F, at the time of the Plaintiff and D’s joint representative director, drafted a payment note stating that “The Plaintiff shall transfer the ownership of the instant land to the Defendant, on the condition that D agrees to change the purchaser, who is the same person as D, and that D shall transfer the ownership of the instant land to the Defendant.” (hereinafter “instant payment note”).

C. On January 4, 2011, the Plaintiff completed the registration of ownership transfer on October 23, 201 with respect to the instant land (hereinafter “instant registration of ownership transfer”) to the Defendant on October 23, 201.

On the other hand, as the Plaintiff’s well-known G, D’s co-representative F, and H paid the purchase price of the instant land as of January 3, 201, D (F and H). As such, a written confirmation of real estate ownership that all rights and responsibilities of land ownership and sale are against D (hereinafter “instant confirmation”).

[Grounds for recognition] Facts without dispute, Gap evidence Nos. 1 through 4, Eul evidence Nos. 1, and the plaintiff's argument that the whole purport of argument is asserted, the defendant established D to promote a charnel project and concluded a contract of this case with the plaintiff under the name of D, but when the report of the establishment of a charnel was rejected due to the opposition of neighboring residents of the land of this case, Eul and the defendant prepared a letter of payment and completed the registration of the transfer of ownership of the land of this case, while the defendant prepared it.

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