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(영문) 대구지방법원 2019.12.20 2018가단136041

매매대금반환

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1. Defendant B and C jointly share KRW 64,200,000 for the Plaintiff and the Defendant from July 11, 2017.

Reasons

1. Claim against Defendant B (hereinafter “Defendant Company”) and C

(a) Indication of claims: To be as shown in the reasons for the claims;

(limited to the part against the above Defendants)

(b) Grounds: Judgment on deemed confession (Article 208 (3) 2 and Article 150 (3) of the Civil Procedure Act);

C. Partial dismissal: The statutory interest rate provisions of the main sentence of Article 3(1) of the Act on Special Cases concerning Expedition, etc. of Legal Proceedings are promulgated on May 21, 2019 and enforced on June 1, 2019. Accordingly, the aforementioned Defendants are recognized as being calculated at the rate of 15% per annum from the day following the delivery date of the complaint in this case to May 31, 2019, and 12% per annum from the next day to the day of full payment, and the portion of the claim in excess is dismissed.

2. Claim against Defendant D and E

A. On March 24, 2016, the Plaintiff: (a) on March 24, 2016, 200 square meters from the Defendant Company F in Jeju, and 20 square meters (hereinafter “instant Jeju-do land”).

(2) On May 30, 2017, the Plaintiff concluded a sales contract to purchase the purchase price of KRW 25.4 million from the Defendant Company for KRW 19.4 million.

3) On July 10, 2017, the Plaintiff’s 20 square meters from the Defendant Company in Gangwon-do, Gangwon-do, Gangwon-do (hereinafter “instant original land”).

) A sales contract was concluded to purchase the purchase price of KRW 44.8 million. [The fact that there is no dispute over the grounds for recognition, the entries in Gap evidence 1-1-3, and the purport of the whole pleadings.

B. Defendant D and E conspired with Defendant C on the ground of the Plaintiff’s claim. In fact, despite the fact that the Defendant Company had no intent or ability to perform the obligation to transfer ownership registration even if it sold the land to the Plaintiff, the Plaintiff deceivings the Plaintiff, thereby receiving KRW 25.4 million from the Plaintiff, and KRW 19.4 million from the purchase price of the instant land in Yeongdeungpo-do, and proposing the Plaintiff to purchase the said original land in lieu of the said land in Jeju-do.