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(영문) 춘천지방법원원주지원 2020.10.15 2019가합5419

기타(금전)

Text

The plaintiff's claim against the defendants is dismissed in entirety.

Litigation costs shall be borne by the plaintiff.

Reasons

1. Basic facts

A. The Plaintiff leased 3,704 square meters of H miscellaneous land from G in the Hanju-si and operated the automobile maintenance business, etc. on that ground.

G notified the Plaintiff that the said land will not be leased any longer on or around 2018, and the said lease agreement was terminated on September 30, 2019.

B. G was the owner of the said H miscellaneous land 3,704 square meters and 2,562 square meters prior to I, but died on October 30, 2018. However, Defendant F, Defendant B, C, D, and E, who is the spouse of G, was inherited each of the said land.

(hereinafter “Defendant side” without distinguishing G and the Defendants. C

The Plaintiff requested a licensed real estate agent J to purchase each of the instant lands.

J around October 12, 2018, with respect to the terms and conditions of the purchase and sale of each land of this case between the Defendant and the Defendant, the purchase and sale price of KRW 3.9 billion, the remaining payment date shall be two months from the date of the contract, and the special agreement

1. The current tenant shall succeed by the purchaser;

2. It shall be owned by the seller by attaching approximately 40 square meters in part in I before the remainder (a document attached to a 40 square meter).

“The content of this Agreement was agreed, and the amount of KRW 100 million was deposited as the provisional contract and thereafter the contract was made in the following week.

J in this process did not state the fact that the buyer is a plaintiff.

On October 12, 2018, the Plaintiff remitted KRW 200 million to the Defendant’s account.

On October 30, 2018, the Defendant returned the said money to the Plaintiff by remitting KRW 200,000,000 to the Plaintiff. The Plaintiff wired KRW 190,000 to the Defendant’s side on the same day, and the Defendant’s side returned the said money to the Plaintiff again.

[Ground of recognition] Facts without dispute, entry of Gap evidence Nos. 1 through 6, purport of the whole pleadings

2. As a result of the Plaintiff’s agreement through J, a sales contract was concluded between the Plaintiff and G with the following terms, and the Plaintiff paid down payment of KRW 390 million.

Subject matter of sale: 3,900,000,000 won for each land of this case: 390,000,000 won for sales (10% for sales).