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(영문) 대전지방법원 2018.01.11 2016가단221655

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. On November 14, 2014, the Plaintiff concluded a sales contract with the Defendant Company to purchase each of the instant land listed in the separate sheet Nos. 1 and 2, and the land listed in the separate sheet No. 3 (hereinafter referred to as each of the instant land) from Defendant C, separately and concluded a sales contract to purchase KRW 200 million in total. At that time, the Plaintiff paid the Defendants the down payment amount of KRW 100 million and the remainder of KRW 17 million, and paid all of KRW 200 million in total by acquiring the collateral security debt of KRW 83 million as to each of the instant land.

B. On July 8, 2015, the Plaintiff purchased the instant land in KRW 150 million between the Defendant Company and prepared a sales contract with the purport that the Plaintiff would take over the instant land as the collateral security obligation of Yangdong community credit cooperatives established on the instant land. The Plaintiff purchased the instant two land in KRW 16 million, and drafted a sales contract with the purport that the Plaintiff would take over the instant land as the collateral security obligation of Yangdong community credit cooperatives established on the instant land.

C. On July 8, 2015, the Plaintiff purchased the instant three land in KRW 34 million between Defendant C, and the Plaintiff acquired the instant three-dimensional community credit cooperatives debt established on the instant three-party land, and Daejeon Community Credit Guarantee Foundation drafted a sales contract with the purport that Defendant C will cancel the said debt.

The Plaintiff completed the registration of ownership transfer on July 10, 2015 with respect to each of the instant land.

[Based on recognition] The items of Gap evidence 1, Gap evidence 3, Gap evidence 4, Gap evidence 5 (including each number), and the purport of the whole pleadings

2. The assertion and judgment

A. The plaintiff's assertion became that the plaintiff met the defendant C with the introduction of D.

Defendant C, the representative of the Defendant Company and the owner of the instant three land, is promoting the construction of apartment buildings with a scale of 3,000 from F to E, which is the location of each of the instant land. The design is already completed.