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(영문) 전주지방법원군산지원 2017.06.13 2016가단9549
매매대금
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

Basic Facts

The following facts are not disputed between the parties, or may be recognized by comprehensively taking into account the respective descriptions of Gap evidence of Nos. 2, 3, 8, 14, and Eul evidence of No. 1 through 3 (including branch numbers), and the whole purport of pleadings:

The Defendant’s husband C (hereinafter collectively referred to as the “Defendant’s side”) received part of the wooden construction work from the Plaintiff during the construction of the Gunsan-si D Building (hereinafter referred to as “D building”) and performed the said construction work.

On or around February 2013, the Plaintiff and the Defendant’s side agreed to transfer the instant real estate No. 301 (hereinafter “instant real estate”), instead of the Plaintiff’s wage claim against the Plaintiff, the Plaintiff and the Defendant’s side agreed to evaluate the instant real estate price as KRW 100,000,000, and settle it with the wage claim, etc.

On February 27, 2013, the amount set off against the price of the instant real estate was KRW 68,763,500 (the Defendant deposited KRW 15,00,000 to the Plaintiff on December 14, 2012, and the Plaintiff and the Defendant agreed to settle KRW 68,763,500 out of the price of the instant real estate, summing up the amount of wage claims up up up up up until around that time’s wage claims). On February 27, 2013, the Plaintiff completed the registration of ownership transfer for the Defendant on the ground of the sale of the instant real estate on the same date, and the Defendant transferred the amount of KRW 10,00,000 to the Plaintiff’s account on February 28, 2013.

The Plaintiff and the Defendant’s side met the remainder of KRW 78,763,50 from KRW 100,000 to KRW 78,763,50 (=the aforementioned wage claim KRW 68,763,500 as of February 28, 2013) after deducting the aforementioned wage claim from KRW 10,00,000, the Defendant continued to perform the construction works that the Defendant received from the Plaintiff, and would cover the amount with the wage claim accrued in the process. The remainder of the instant real estate price was fully appropriated with the Defendant’s wage claim as of April 26, 2013 when the Defendant performed the construction works requested by the Plaintiff by April 26, 2013.

Accordingly, on April 27, 2013, the plaintiff and the defendant side are the plaintiff.

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