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(영문) 서울고등법원 2016.12.01 2016나8628

매매대금반환

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1. The plaintiff's claim that is changed in exchange in the trial is dismissed.

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

Reasons

1. Basic facts

A. On March 31, 2001, the Defendant completed the provisional registration of the right to claim ownership transfer (hereinafter “the provisional registration of this case”) on December 10, 1998 with respect to each real estate listed in the separate sheet owned by C (hereinafter “the forest of this case”).

B. D on August 23, 2007, purchased the forest land of this case in KRW 1150 million, and entered into a contract under which ownership is to be transferred by means of the transfer of the provisional registration of this case from the Defendant (hereinafter “the previous sales contract of this case”). Accordingly, on December 26, 2007, the Defendant entered into an additional registration of the provisional registration of the right to claim ownership transfer on the ground of transfer of contract from the Defendant on October 25, 2007 (hereinafter “the additional registration of this case”).

C. On January 20, 2008, the Plaintiff entered into a sales contract for the instant forest (hereinafter “instant sales contract”) with J, etc. that represented the seller, and the same year.

2. In relation to the instant sales contract, a sales contract (hereinafter “instant sales contract”) was formulated with the following terms and conditions as to the instant sales contract.

1. In the location of real estate indication (1) : The area of E, F, G, and H (including standing timber) (2): 664,859 square meters (excluding the equity shares of H 82,625 square meters among them) (3) land category: Forest land;

2. (1) The right to claim a transfer of ownership: (2) the right to claim a provisional registration of the defendant against the right to claim a transfer of ownership;

3. Total amount of purchase price: 1.5 billion won (1) shall be paid at the time of a contract of 200 million won.

(2) Part payments: 80 million won shall be paid on June 28, 2008.

Provided, That the deposit order among D shall be paid immediately.

(3) Balance: 500 million won shall be paid on January 2008.

It shall be two months after the payment of the intermediate payment.

4.The Parties to this Agreement confirm that they sufficiently understand and do not raise any objection to:

(1) The buyer in August 2007 and D. with respect to real estate.