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(영문) 광주지방법원해남지원 2016.07.12 2015가단3560

매매대금반환

Text

1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

1. Circumstances leading to the dispute of this case;

A. Defendant B has cultivated and sold crypists in the land of 15,000 square meters (hereinafter “instant land”) of 19 parcel in Jeonnam-gun, Jeonnam-gun.

Products: Sales proceeds of 15,00 square meters: 82,50,000 won for final departure: (Public) payment of KRW 35,00,000 and the balance of KRW 47,500,000 shall be paid up to May 15, 2013. If the seller violates the contract, he/she shall compensate for the down payment by distribution, and if the buyer goes against the contract, he/she shall be considered to have raised any objection under the Civil and Criminal Act even if he/she arbitrarily disposes of the contract.

B Seller E

B. On January 18, 2013, Defendant B entered into the following contracts with the introduction of Defendant C, as to the worships that Defendant E and Defendant B would have to cultivate and harvest from the instant land (hereinafter “the instant trends”).

(A) No. 1. (c)

After that, E delivered to the Defendants the purport that it is difficult to purchase the instant double plantations, and Defendant C recommended F to purchase the instant double plantations.

(Witness F’s testimony, Defendant C’s personal examination result): Amount of sales proceeds of 15,00 square meters: 5,000 square meters per square day: 30% of the down payment on the day of final departure (public space): and the balance shall be paid by May 5, 2013.

(HI) If the seller violates the contract, the seller is not entitled to raise an objection under the Civil and Criminal Act even if the seller arbitrarily disposes of the contract because the crops are living in the event that the buyer compensates for the down payment and the balance payment are made.

seller B buyer F

D. On March 20, 2013, Defendant B drafted a written contract on G representing F and on March 20, 2013 as follows with respect to the instant double distribution.

(A) Item B (No. 2) item: Sales proceeds of 15,000 square meters: The total amount of KRW 30% 22,500,000 for the final departure date of KRW 5,000 per square year: (public column) dry field, after the dry field was fixed, shall be paid and the balance shall be paid.