매매대금 등 반환
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Facts of recognition;
A. The circumstances leading up to the conclusion of the sales contract C, C, and D purchased from the original owners the land E, F, G, and H land in the land transaction permission zone (hereinafter “instant land”).
B. On July 29, 2004, the Defendant entered into a land division shares agreement with C on July 29, 2004. The above land division shares agreement (Evidence A-1) contains the following contents. ① When the Defendant purchases 300 square meters out of the land of this case 】 200 million won per square day (60 million won) in advance, the Defendant agreed to pay 350 million won in advance, and treat the balance 250 million won in bank loans. ② The sale of 300 square meters out of the total land area as above is delegated to C, and the sale amount and sale decision shall be mutually agreed upon. < Amended by Presidential Decree No. 18447, Jul. 29, 2004>
C. On June 28, 2005, the Plaintiff, the Defendant, and C, and D signed an agreement with respect to the instant land on June 28, 2005 (Evidence A2 and the bottom part) with the following contents as to the instant land:
(1) An owner on the public register: I, J2, the actual owner: the Defendant’s share (300 square meters) - The 100 square meters out of the 300 equity interest of the Defendant is the Plaintiff’s share (222 square meters) C, D’s share (22 square meters) ③ The 100 million equity out of bank loans 270 million won E is the Defendant’s repayment of loans, and the 170 million equity is C and D’s repayment of loans.
1/3 out of the Defendant’s loan repayment amount of KRW 100 million is the Plaintiff’s repayment. (4) Expenses for transfer of ownership: E expenses shall be converted into the equal share ratio.
(5) When selling and selling this real estate, the entire shares of the defendant (at least three million won per square year) shall be delegated to C and D.
However, a sales contract shall be concluded in the presence of the defendant.
(6) The agreement on the division of land concluded between C and the defendant on July 29, 2004 shall be null and void.
C, D’s receipt delivery C, D’, June 28, 2005, additionally received KRW 150 million in total, and the Plaintiff.