beta
(영문) 광주지방법원 2016.07.15 2015가합57487

매매대금반환

Text

1. The defendant,

A. As to KRW 134,100,000 among them and KRW 90,00,000 among them, from September 23, 2009 to the Plaintiff (Appointed Party).

Reasons

1. Facts of recognition;

A. The Defendant concluded each of the following sales contracts (hereinafter “each of the instant sales contracts”) with regard to the Plaintiff, Appointers B, C, E, and D (hereinafter “Plaintiffs”) and the 4,1580 square meters of forest land in Sungnam-si, Sungnam-si (hereinafter “the instant forest land”) owned by the Defendant as indicated in the following table: (a) agreed to conclude each of the instant sales contracts (hereinafter “each of the instant sales contracts”); and (b) subsequently, the procedures for the registration of divided land and the ownership transfer for the reason of division of common property.

On September 23, 2009, Plaintiff 1, Sept. 23, 2009, among the instant forest land, 331㎡ 90,000,000 on January 11, 201, 2010. Of the instant forest land, on September 23, 2009, 231, the 63,100,000 square meters among the instant forest land among the instant forest land on September 23, 2009; on January 11, 2010, 29 26,460,000 among the instant forest land on January 26, 200 on September 23, 200, 3301 square meters among the instant forest land on September 30, 200, 301 square meters among the instant forest land on September 23, 2009, 301 square meters among the instant forest land on September 30, 2009

B. The Plaintiffs paid the purchase price to the Defendant on the date of concluding each of the instant sales contracts, and the Defendant completed the registration of ownership transfer for the shares of forest land in this case to the Plaintiffs around that time.

C. On September 201, the Plaintiffs notified the Defendant of the execution of the procedure for subdivision registration and the procedure for ownership transfer registration for the partition of the common property under each of the instant sales contract, such as the Plaintiff, the Appointor D, and E, demanded the Defendant to divide the part purchased out of the instant forest and submit a confirmation to the effect that the registration of ownership transfer will be completed by the Defendant. However, the Defendant did not implement the procedure until now.

On August 7, 2015, a duplicate of the complaint of this case, stating the plaintiffs' declaration of intent to cancel each contract of this case on the grounds that the plaintiffs failed to perform their duty to register the subdivision of the forest of this case and the obligation to register the transfer of ownership due to the division of common property.

[Reasons for Recognition]