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(영문) 서울동부지방법원 2019.05.22 2018나21311

매매대금반환

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1. The judgment of the court of first instance is modified as follows.

Defendant C shall pay Plaintiff A KRW 170,000,000 and this shall apply thereto. < Amended by Act No. 1430, Dec. 1, 2016>

Reasons

1. The premise is the relationship between the Plaintiff’s husband and wife, Defendant D, and E with the knowledge of not less than 30 years.

② On October 20, 2016, Plaintiff A entered into a sales contract (hereinafter “instant sales contract”) with Defendant C (Defendant D’s son) with the content that the purchase price of KRW 200 million is to be purchased for KRW 578 square meters of 72.2 square meters and G 433 square meters of forest land (share 181.8 and E 251.2/33 of the shares in Defendant C43; hereinafter “instant land”).

(3) The place of conclusion of the sales contract of this case was the real estate brokerage office in which the Plaintiff A had worked as a broker assistant.

The seller's column of the sales contract of this case includes "C and one other," and the seal of Defendant C is affixed thereto.

④ Until November 1, 2016, Plaintiff A paid to Defendant C totaling KRW 170 million.

On the other hand, in relation to the instant sales contract on October 25, 2016, Plaintiff B remitted KRW 10 million to Defendant D’s deposit account.

⑤ On the other hand, on November 27, 2015, prior to the instant sale, the Defendant C’s share (a total of 759.8 square meters) among the instant land and the instant land No. 1 and the instant land No. 2 had been decided by J of Suwon District Court, and thereafter, the said auction procedure had been conducted on June 15, 2016, and the said auction procedure had been withdrawn on June 15, 2016. However, the appraisal price at the said auction procedure was KRW 84,37,800 (per 11,000 square meters), and the minimum bid price at the time after a single inspection was KRW 59,036,00 equivalent to the said KRW 70.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 9, 26, the purport of the whole pleadings

2. Determination as to Plaintiff A’s claim

A. Of the instant sales contract for Plaintiff A’s assertion 1, Defendant C’s portion on E’s share in the instant land No. 2 is without permission.