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(영문) 서울북부지방법원 2017.05.18 2016가합22831

매매대금반환

Text

1. The plaintiff's primary claim and the conjunctive claim are all dismissed.

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

Reasons

1. Basic facts

A. On March 26, 2012, the Plaintiff, C, and D entered into a sales contract with the Defendant to purchase KRW 240,000,000 from the Defendant for the purchase price of KRW 4,038,00 in E field E field (hereinafter “instant land”) as a joint purchaser of the Plaintiff, C, and D, the Plaintiff, and D, as a joint purchaser, and the Defendant owned by the Defendant. In doing so, the Plaintiff, C, and D agreed to pay KRW 20,000,000 for the specific details of the relevant contract on the date of the contract, each of the remaining 120,000,000,00 for the remainder on May 15, 2012, and to substitute for the payment of the remainder of the purchase price by repaying the secured amount of the neighboring mortgage established on the instant land under the name of the buyer.

B. On March 26, 2012, the Plaintiff and C’s wife F paid KRW 20,000,000 each to the Defendant as the down payment according to the above sales contract. On May 15, 2012, the Plaintiff paid the remainder amount of KRW 50,000,000 to the Defendant out of KRW 120,000.

C. On May 15, 2012, the Plaintiff, C, and D agreed to revise the terms and conditions of the above sales contract with the Defendant. Accordingly, the Plaintiff unilaterally purchased the instant land from the Defendant in the amount of KRW 240,000,000,000, and the down payment of KRW 90,000,000 on the date of the contract, the remainder of KRW 50,000,000 on June 5, 2012, and the Plaintiff paid the remainder of KRW 50,000 on June 5, 2012, with a loan received under the name of the Plaintiff, to substitute the payment of the remainder of the sales contract (hereinafter “instant sales contract”), and paid the down payment of KRW 90,00,000 on the day, and received and processed the payment of KRW 90,000.

On June 8, 2012, the Plaintiff paid the Defendant the remainder of KRW 50,000,000.

E. On June 22, 2012, the Defendant completed the registration of ownership transfer in the name of the Plaintiff on the instant land.

F. On June 22, 2012, the Plaintiff’s loan of KRW 100,00,000 and the loan period on June 22, 2012 between the Korea Agricultural Cooperative for Reconstruction (hereinafter “Seoul Agricultural Cooperative”) and the Seoul Agricultural Cooperative (hereinafter “Seoul Agricultural Cooperative”).