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(영문) 서울고등법원 2016.04.22 2014나2044862

매매대금 등 반환

Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

1..

Reasons

1. Basic facts

A. A. On July 17, 2010, C delegated the Plaintiff with all duties concerning the sales contract to purchase KRW 581,950,00 among the above forest land and KRW 2943,680 (hereinafter “instant land”) from the Defendant, the owner of 29,900 square meters of G forest in Ycheon-si (hereinafter “forest G”) and KRW 300,000,000,000 among the above forest land and KRW 3,022 square meters of F. 3,680 square meters, and was paid KRW 30,000,000 as the down payment and intermediate payment on July 23, 2010.

B. At the time of July 27, 2010, C was difficult to specify the instant part of the land, since it was difficult for the Defendant to specify the instant part of the land. As such, the Defendant agreed to purchase the said G in a group under the H’s name to purchase 2,776 square meters of G 29,900 square meters of forest land from the Defendant, but the said G agreed to pay the remainder at that time if the instant part of land is divided from forest land G, and complete the registration of ownership transfer under the Plaintiff’s name.

C. Around August 2010, the Plaintiff paid KRW 147,500,000 for its own expenses, and newly built 392 square meters of general steel structure and 43.48 square meters of general steel structure factory on the instant land (hereinafter “instant building”). However, given that the instant land had already obtained development permission under the name of the Defendant, the Plaintiff had completed construction permission and registration of preservation of ownership on the instant building under the name of the Defendant, and thus, owned the instant building without registration.

On February 6, 2012, G was divided into Macheon-si I, J, E, and K, and C completed registration of preservation of ownership in the name of the Defendant on February 24, 2012.

Around that time, C proposed that the Plaintiff would sell the land and buildings of this case to a third party by way of completing the registration of ownership transfer with an intermediate omission, instead of receiving any balance as a security, and would receive the purchase price from the Plaintiff. The Plaintiff includes interest of KRW 37,500,000 in total and KRW 447,500,000 in construction cost, which was paid to C.