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(영문) 서울고등법원 2017.01.18 2015나23804

매매대금반환

Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1...

Reasons

1. Basic facts

A. The Defendant’s business promotion for the creation of a furniture (i.e., the Defendant was delegated by 17 persons, including G, etc., to undertake the business of creating a furniture complex on the land of 42,719 square meters of land of Haju-si, G, etc. on December 2006.

D. Accordingly, the Defendant carried out the business of purchasing the said land from the Tyang Industries Co., Ltd. (hereinafter “Bulyang”) which is the owner of the said one’s land, the business of performing civil engineering works, various persons, and the business of carrying out permission procedures.

B. (i) The Plaintiff and the Defendant agreed to purchase some of the land purchased by the Defendant for the promotion of the above business, and concluded a sales contract with the Defendant to purchase the real estate listed in the attached table 1 through 5 (hereinafter “instant factory site”) from the Defendant for the purpose of using it as a site for a furniture factory, etc. (hereinafter “instant factory site”) and to purchase KRW 919,80,000 from the Defendant for the purchase price, and to pay KRW 100,000 on the date of the contract deposit to the Defendant for the down payment, and thereafter to pay KRW 819,80,000 to the Defendant for the remainder of January 29, 2007.

Luxembourg The Defendant completed each registration of ownership transfer on May 11, 2007 with respect to the real estate listed in [Attachment List Nos. 1 to 3 on February 16, 2007, and on the real estate listed in [Attachment List Nos. 4 and 5].

C. The real estate listed in the separate sheet Nos. 6 through 9 is the land of the road part adjacent to the real estate listed in the separate sheet Nos. 1 through 5, and the defendant received the registration of ownership transfer as to the real estate listed in the separate sheet Nos. 6 through 9 (hereinafter “road site of this case”), which was owned by the Tulyangs Association on February 7, 2007.

Luxembourg The Defendant sold part of the instant road site to each of the participants in the instant project, as a road for each of them, and also sold to the Plaintiff on May 29, 2009.