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(영문) 서울서부지방법원 2016.05.26 2015나6740

매매대금반환

Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

Reasons

The Plaintiff concluded a sales contract of KRW 8,40,00 for the purchase price of KRW 1,323,00 for B forest and field B 1,323,000,000 for the purchase price, and the Plaintiff revoked the above sales contract on the grounds of deception, and thus, the Defendant is obligated to return the above purchase price to the Plaintiff. However, the evidence submitted by the Plaintiff alone is insufficient to acknowledge that the Plaintiff concluded the above sales contract on the ground of deception from the Defendant, and there is no other evidence to acknowledge this otherwise.

The plaintiff seems to have asserted the purport to cancel the above sales contract as it is impossible for the defendant to register the seizure of the above real estate in the name of the State because the defendant failed to pay corporate tax and the registration of transfer of ownership of the above real estate was made. However, such reason alone cannot be deemed impossible to register the ownership of the above real estate

Therefore, the plaintiff's claim is dismissed as it is without merit, and the judgment of the court of first instance with the same conclusion is just, and the plaintiff's appeal is dismissed. It is so decided as per Disposition.