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(영문) 서울중앙지방법원 2017.10.27 2017가단5062538

매매대금반환

Text

1. The Defendant: (a) KRW 75,00,00 for Plaintiff A; (b) KRW 75,000,000 for each of them; and (c) from May 20, 2011 to April 3, 2017 for each of them.

Reasons

1. Basic facts

A. On January 19, 201, the Plaintiffs entered into a sales contract (hereinafter “instant sales contract”) with the Defendant to purchase KRW 900 million for the purchase of KRW 445 square meters for the instant land owned by the Defendant (hereinafter “each of the instant land”) (hereinafter “instant sales contract”). < Amended by Act No. 11334, Jan. 19, 201; Act No. 1011, Dec. 1, 2011; Act No. 1010, Mar. 3, 2011

B. The Plaintiffs paid a total of KRW 740 million to the Defendant from February 22, 2011 to April 11, 201 as the sales price of the instant sales contract.

C. However, the Plaintiffs and the Defendant, at the request of the Defendant seeking a reduction or exemption of capital gains tax, prepared a written contract under which the purchase price of each of the instant land is KRW 300 million, separate from the said written contract.

The Plaintiffs and the Defendant asserted that the Defendant’s right to use the State-owned land around approximately KRW 900 around each of the instant lands used by the Defendant at the time was included in the instant sales contract (hereinafter “instant right to use the State-owned land”). As the Defendant demanded an additional payment for selling the right to use the State-owned land of this case separately from the instant sales contract, the Plaintiffs paid the Defendant the purchase price for the said right to use the State-owned land in the aggregate of KRW 150 million (hereinafter “the instant right to use”) KRW 150 million on May 19, 201, respectively. < Amended by Act No. 10798, May 2, 2011; Act No. 10799, May 6, 2011; Act No. 1050, May 19, 2011; Act No. 150

E. Each of the instant lands was excluded from the designation of a land transaction permission zone on January 30, 2012, and the Plaintiffs sought a procedure for the registration of ownership transfer of each of the instant lands to the Defendant on March 2012. However, the Defendant claimed that the purchase price of each of the instant lands should be additionally paid KRW 160 million to the Defendant, not KRW 90 million, since the purchase price of each of the instant lands was the purchase price of each of the instant lands, and the purchase price of each of the instant lands was KRW 150 million,00,000,000,000 won.

F. The Plaintiffs are against the Defendant.