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(영문) 서울동부지방법원 2015.07.16 2013가합12622

매매대금반환

Text

1. Defendant C’s KRW 112,50,000 to Plaintiff A and 5% per annum from June 24, 2005 to August 26, 2013, respectively.

Reasons

1. Basic facts

A. In around 2005, Plaintiff A decided to purchase KRW 150,000 ( KRW 37,500,000 per head) 150,000,000 won (hereinafter the same shall apply) to Defendant C, if the greenhouse area of Songpa-gu Seoul E is incorporated into the F zone to be implemented by the Seoul Special Metropolitan City SH Corporation (hereinafter the “SH Corporation”), the purchaser of the greenhouse is entitled to receive agricultural loss compensation pursuant to the Act on the Acquisition of Land, etc. for Public Works and the Compensation therefor, and paid KRW 150,50,000 to Defendant C several times from that time to June 24, 2005.

The sales contract concluded between the plaintiff A and the defendant C around that time is as follows.

The following agreements are made between Gap and Eul as follows, because the occupant of the land, such as a vinyl house, etc., has the right to occupy the commercial building as a result of the redevelopment, such as the Songpa-gu Ethical district, etc.

C. Foods

1. A (hereinafter “Plaintiff A”; hereinafter the same shall apply) paid KRW 0,000,000 per day to B (Defendant C; hereinafter the same shall apply).

B received the above money.

2. Eul shall purchase four above commercial subscription certificates at its own expense, and deliver them to A on 200.

3. If the above Paragraph 2 cannot be met, Eul shall refund to Gap the above money plus interest at the annual rate from September to October 2005.

(limited to the case of the upper-level family area)

B. Around June 2005, Plaintiff B entered into a sales contract with Defendant C to purchase the above 84,000,000 won (the amount of KRW 42,00,000 per Chapter 1). On June 7, 2005, Defendant C paid KRW 84,00,000 to Defendant C. At the time, Defendant C entered into a receipt (Evidence 2) with the following contents and issued it to Plaintiff B:

The above amount of the receipt money of KRW 20,000 shall be received as the right to draw up the E commercial buildings.

C. Around June 15, 2005, Defendant C wishes to purchase the win-win share certificates, including the Plaintiffs.