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(영문) 부산지방법원 2015.05.13 2014가합42755

매매대금반환

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1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

1. Basic facts

A. On July 31, 2013, the Plaintiff is not owned by Defendant B with Busan Gangseo-gu, F, G, and H land from Defendant B (hereinafter “B”).

In addition, a contract was concluded to purchase KRW 1.02 billion (the date of the contract amounting to KRW 100 million on the date of the contract, intermediate payment KRW 300 million on September 15, 2013, and KRW 620 million on October 31, 2013) on the land bath building and general restaurant building of Gangseo-gu Busan Metropolitan City (hereinafter referred to as “instant real estate”, and the bathing building (hereinafter referred to as “instant sales contract”).

B. At the time of the conclusion of the instant sales contract, Defendant C, a inside director of Defendant B, concluded a sales contract with the Plaintiff as the agent of Defendant B, and Defendant D, a licensed real estate agent, mediated the conclusion of the said sales contract.

C. Meanwhile, the instant sales contract stating that “The period for cancellation of the registration of a bath facility business operator shall be adjusted on August 26 (hereinafter referred to as “the period for cancellation of the registration of a bath facility business operator”)” as “the use of a river site shall be jointly used and there shall be no separate user fee (Provided, That the right of non-use may be against Defendant B),” as the “matters of special agreement” is written as follows:

The Plaintiff paid the down payment of KRW 100 million to Defendant B on the date of the conclusion of the instant sales contract, but Defendant B did not cancel the registration of the bath facilities business operator of the instant bath building by August 26, 2013.

E. Meanwhile, the river site adjacent to the instant real estate stated in the terms and conditions of the instant sales contract (hereinafter “the instant river site”) is a state-owned land and continues to be occupied without permission after J obtained permission for occupation and use by 2001.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 through 7 (including branch numbers for those with branch numbers) and Busan City of this Court.