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(영문) 울산지방법원 2014.07.09 2013가단21016

매매대금반환

Text

1. The Defendant shall pay 70,1760,000 won to the Plaintiff and twenty percent (20%) per annum from August 22, 2013 to the date of full payment.

Reasons

1. Facts of recognition;

A. On June 14, 2010, the Defendant: (a) was a corporation operating real estate sale and brokerage business, such as selling and selling real estate by dividing C forest land 6,612 square meters (hereinafter “instant land before subdivision”); and (b) on June 14, 2010, the Defendant employed Plaintiff’s wife D as the Plaintiff’s salary of KRW 1,300,000 per month, thereby allowing the purchaser of real estate to do physical color by telephone.

B. On June 25, 2010, the Plaintiff entered into a sales contract with the Defendant to purchase a purchase price of KRW 455 square meters for KRW 7,1760,000 (hereinafter “instant sales contract”). On June 25, 2010, the Plaintiff paid the Defendant the sum of KRW 7,1760,000,000 for the remainder of KRW 5 million on August 24, 2010 and KRW 6,676,00,000 for the remainder of KRW 7,1766.

C. On January 31, 201, the Defendant divided the instant land into land E- 414 square meters of forest land (hereinafter “instant land”), F 36 square meters of forest land, G 394 square meters of forest land, etc. at the time of Mineyang-si, and completed the registration of ownership transfer on the instant land on January 31, 201.

At the time of the instant sales contract, the Defendant’s representative director H and executive directors I et al. stated to the Plaintiff as follows: “The instant land is likely to be developed with permission to collect earth and stones, which is expected to obtain permission to collect earth and stones from the competent authorities, and also was already selected by the earth and rocks business entity.”

However, the instant land is restricted from gathering earth and rocks pursuant to Article 32-3 (2) 2 of the Enforcement Decree of the Management of Mountainous Districts Act on mountainous districts within 1,000 meters from the Si/Gun/Gu of the general national highway, and no application for permission to collect earth and rocks has been received by the competent authorities until three years have passed since the date of concluding

E. In the column for the special terms and conditions of the sales contract (No. 1 certificate) concerning the instant sales contract, the following is indicated: “All matters concerning soil exploitation shall be delegated to and dealt with by the Bank of Korea, and all matters of cooperation shall be directly co-operateed by the purchaser.”

F. The market price of the instant land was KRW 6,996,600 at the time of the instant sales contract on June 25, 2010, and was KRW 8,901,000 on April 15, 2014.

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