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(영문) 서울고등법원 2015.08.20 2014나2052238

매매대금등반환청구

Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

Reasons

1. Basic facts

A. On December 15, 2009, G is a person selected as a person to be supplied with a site for livelihood countermeasures under the Jung-gu Incheon Metropolitan City H development project (hereinafter “instant project”). On August 9, 2012 (hereinafter “the deceased”). The heir is Defendant C, D, E, and F, the spouse of the Defendant B and children.

B. On January 207, 2007, before the deceased was selected as a person to be supplied with the land for countermeasures against daily life under the instant project, the deceased entered into a sales contract for the land for countermeasures against daily life with J to transfer approximately 15 square meters (hereinafter “the first sales contract”), and both the seller and the buyer are the public pages, and the major contents are as follows:

(A) The indication of real estate No. 5-1 of the certificate of title 5-2: The seller of the right to sell the sale of the land for H living countermeasures in Jung-gu, Incheon: the seller of the right to sell the land for G: Article 1 of the official column (hereinafter “A”): The sale right of sale in the nature of the right to sell the land for sale in the public column (hereinafter “B”): The sale right of sale in the above indication is a living countermeasure site of about 15 square meters where the seller shall purchase the land for sale in the public zone to a person who satisfies the specific requirements determined by the Urban Development Corporation.

(A) Article 2: Article 3 of the sale price payment method of KRW 180,000: The succession to the right to sell in lots shall receive the balance specified in the preceding Article and, at the same time, shall be submitted to the “B” with all documents necessary for the waiver of the right to sell in lots, the letter of delegation, the certificate of personal seal impression, the certified copy of resident registration, and the acceptance of the right to sell in lots.

C. Accordingly, on January 12, 2007, J paid KRW 180 million to the Deceased. The Deceased issued to the J a sales contract, a letter of performance of the sales contract, a letter of renunciation, a power of attorney, a certified copy of resident registration, a buyer’s column, and a sales contract, etc. in which the purchase price column was in blank.