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(영문) 서울중앙지방법원 2016.09.30 2015가단5302959

매매대금반환

Text

1. The Defendant’s KRW 61,312,40, and KRW 59,540,612 against Plaintiff A and each of the said money from September 10, 2015.

Reasons

1. Basic facts

A. On November 2010, the Defendant, on behalf of an international trust company, filed an application for the alteration of the entire oil register of a collective building with the content of dividing the four-story into one (H-01, H-02, and H-03) and then dividing the four-story H zone into one (H-01) among three (H-01, H-02, and H-03) among three (H-03) buildings located in Eunpyeong-gu Seoul (hereinafter “instant commercial building”), and the registration for the purpose of divided ownership was completed on behalf of the international trust company, by filing an application for alteration of the entire oil register of the collective building with the content of dividing the four-story H zone into one (H-04 through H-01).

B. The Plaintiffs and the Defendant concluded a sales contract to sell each of the instant stores listed on the fourth floor of the instant shopping mall as indicated below (hereinafter collectively referred to as “each of the instant stores”) under the table “sale price” as indicated below (hereinafter collectively referred to as “each of the instant sales contracts”) on each of the following dates. The Plaintiffs completed the registration of ownership transfer for the relevant stores on each of the relevant dates indicated on the “registration date of transfer” as indicated on the table below. At that time, Plaintiff A paid KRW 61,312,40, and Plaintiff B paid KRW 59,540,612 to the Defendant, respectively.

Plaintiff

Subject-matter (including a portion of exclusive ownership) H-07 (3.421 square meters) of A4 story A on February 22, 2011 (3.421 square meters) 61,312,400 won on March 22, 2011 (3.421 square meters) Ha-09 (3.421 square meters) of B4 stories on March 22, 2011, 201. < Amended by Presidential Decree No. 23195, Feb. 68, 2011; Presidential Decree No. 239, Feb. 68, 2011; Presidential Decree No. 22000, Oct. 540, 200; Presidential Decree No. 2271

Each of the stores in this case, each of the stores in this case, which the plaintiffs purchased, has been used as a garment warehouse for male's stores since the time of the sales contract in this case.

[Ground of recognition] Facts without dispute, Gap's number 1 to 6, 9, 10, 12, and 13.