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(영문) 의정부지방법원고양지원 2014.10.24 2013가합52820

매매대금지급

Text

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

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

Reasons

1. Basic facts

A. The instant real estate had been registered under the name of Dong C (Death on January 17, 201) that was the Plaintiff’s wife.

B. As to the instant real estate, a sales contract of December 6, 2010, stating that the seller as the deceased C (the Plaintiff’s agent) and D, who performed the business of establishing the Defendant Medical Foundation, as the buyer, shall be KRW 1 billion in the purchase price, KRW 70 million in intermediate payment, KRW 60 million in the remainder of KRW 470 million in the sales price, was prepared as of December 6, 2010 (hereinafter “the instant sales contract”).

C. On December 18, 2010, the network C drafted a written agreement with the Defendant that “The real estate of this case shall be donated to the Defendant under the condition that the Defendant bears the Defendant’s obligation of KRW 100 million of the existing debt and the net personal debt of KRW 40 million of the personal debt, which was loaned the instant real estate as security,” and each written application for donation stating that the real estate of this case shall be contributed to the Defendant.

After that, the defendant transferred KRW 40 million to the net C's account.

As to the instant real estate on January 6, 201, the ownership transfer registration (hereinafter “the instant transfer registration”) was completed in the name of the defendant due to the contribution on the same day, and the defendant repaid the existing collateral loans of KRW 100 million.

E. On November 17, 2011, the Defendant agreed to sell the instant real estate to the Plaintiff at KRW 190 million upon the change of the principal office of the Defendant Medical Foundation and the completion of the public health clinic approval procedure.

However, the competent authority did not permit the disposal of the instant land, which is the fundamental property of the Defendant Medical Foundation.

F. On June 26, 2012, the Plaintiff and its consciousness, as the heir of the above C, had the Defendant, etc. enter into the said sales contract by deceiving the Plaintiff, despite the absence or intent to pay the intermediate payment and the balance pursuant to the instant sales contract from the beginning of the year, and thus, the said contract was revoked pursuant to Article 110 of the Civil Act, and accordingly, the said contract was accordingly revoked.

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