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(영문) 인천지방법원 2015.05.07 2014가합7663

매매계약해제 및 대금반환

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1. The Plaintiff (Counterclaim Defendant) paid KRW 200,000,000 to the Defendant (Counterclaim Plaintiff) and its related amount from September 28, 2013 to March 3, 2015.

Reasons

1. Basic facts

A. 1) The Defendant’s husband C is the E-building on the ground of the Incheon Gyeyang-gu D site (hereinafter “instant commercial building”).

(F) In the new construction, the F Co., Ltd. (hereinafter referred to as “F”) was awarded a subcontract for a civil engineering work and completed it, and on May 14, 2009.

(2) On June 23, 2010, the Plaintiff concluded a sales contract between the Defendant and the Defendant to purchase the right to purchase the instant store in the name of the Defendant (hereinafter “instant sales contract”) on the same day, and paid KRW 160 million as the down payment and the intermediate payment to the Defendant on the same day, and the remainder payment payment was set at ten days after completion.

3) After the conclusion of the instant sales contract, the Plaintiff entered into a sales contract with F on June 23, 2010, stating that the sales contract was fully paid KRW 360 million with respect to the instant store according to the Defendant’s performance of obligations under the said sales contract. B. On June 23, 2010, the Plaintiff entered into a lease contract with G on June 23, 2010, stipulating the instant store’s KRW 50,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000).