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(영문) 서울중앙지방법원 2017.07.06 2015가단5322267

매매대금반환

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. The Defendant or his ASEAN owned 13 lots of land (hereinafter “each of the instant land”), including Gyeonggi-si D, Gyeonggi-do, and E (hereinafter “E”) is a company that engages in real estate development business.

B. On May 16, 201, the Defendant entered into an agreement with E to directly purchase forest land among each of the instant land, and to vicariously sell the paddy and paddy fields: Provided, That the Defendant did not distinguish forest land, electric field, and paddy fields, but entered into a land sale agency agreement with E to directly purchase all the remaining parcels after the completion date of sale (hereinafter “instant sale agency agreement”) with the period of sale as of December 201. On the same day, the Defendant prepared and executed a power of delegation (hereinafter “the instant power of delegation”) with the content that “all acts related to the sale of each of the instant land as the Defendant’s agent and delegate all the construction of a land sales contract, etc.” (hereinafter “the instant delegation”).

C. Of each of the instant land, the Gyeonggi-gun G 37,613 square meters was subject to registration conversion into H forest land 38,074 square meters on June 23, 201, and H forest was divided into H forest land into H through I and J forest 8,028 square meters on June 24, 2011, respectively, and J was divided into J forest 6,351 square meters and K and L, respectively.

The Plaintiff, along with E, drafted with the Plaintiff a land sale contract (hereinafter “instant land sale contract”) dated December 5, 2013, with the content that the Defendant would sell 218 square meters (hereinafter “instant land”) out of 6,351 square meters of Jan-gun of Gyeonggi-gun, Gyeonggi-do, the Defendant owned by the Defendant to the Plaintiff at KRW 50 million.

[Ground of recognition] Facts without dispute, Gap evidence 1-3, Gap evidence 3-1, 2, Gap evidence 4, the purport of the whole pleadings

2. On December 5, 2013, the Plaintiff entered into the instant land sales contract with the Defendant on behalf of E, and paid the Defendant’s agent KRW 50 million in full.