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(영문) 대구지방법원 2015.10.27 2015가단115722

매매대금반환

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1. The Defendant: (a) KRW 29,00,000 for the Plaintiff and KRW 5% per annum from May 26, 2014 to July 22, 2015.

Reasons

1. On May 12, 2014, the Plaintiff and the Defendant concluded a sales contract with the following terms (hereinafter “instant sales contract”).

The subject matter of sale: The purchase price of KRW 37,00,000 (the main purpose housing, and from the following day, the “instant housing”): 29,000,000 won (in the event of a contract, the remainder of KRW 26,00,000,000 shall be until May 25, 2014) on the building management ledger of the building in Daegu-gu, Dong-gu, Daegu-gu: “The current status of the building is confirmed to be KRW 12.6,00,00,000,000: Provided, That the Plaintiff appears to have mistakenly stated “B” on the corresponding end of “Brok and juk” (the “Brok” means that the Plaintiff paid the purchase price of KRW 29,00,00 as agreed, and on May 12, 2014, occupied and used the instant housing after transferring the name of the owner of the instant housing in the building management ledger to the Plaintiff.

On the other hand, on September 11, 2012, the location of the instant house was changed from Daegu Dong-gu to C to C.

Daegu Dong-gu C Forest land 9,680 square meters (hereinafter referred to as the “instant forest”) is located within a development-restricted zone as land for which E completed the registration of ownership transfer on December 3, 2009.

On May 26, 2015, the head of the Daegu Metropolitan City Dong/Dong sent a public door to order E and the Plaintiff, the owner of the instant forest, to restore the instant housing to its original state on the ground that the instant housing violates Article 12 of the Act on Special Measures for Designation and Management of Development Restriction Zones.

On June 19, 2015, E asserted that the Plaintiff owned the instant housing without permission, and filed a lawsuit seeking the removal of the instant housing and the transfer of land.

[Reasons for Recognition] Unsatisfy, Gap evidence Nos. 1 through 5, respectively. 2. Determination

A. The Plaintiff 1’s assertion by the parties is at least possible after September 11, 2012 to occupy and use the instant housing in the instant forest.