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(영문) 수원지방법원성남지원 2014.10.08 2014가합200264

매매대금반환

Text

1. Defendant B’s KRW 135,000,000 and its amount are 5% per annum from June 5, 2007 to February 22, 2014.

Reasons

1. Basic facts

A. The Korea Land and Housing Corporation (the Korea Land and Housing Corporation was merged with the Korea Land and Housing Corporation on October 1, 2009, and the Korea Land and Housing Corporation was not divided before and after the merger; hereinafter referred to as the “Korea Land and Housing Corporation”) was implementing a housing site development project of the Sungnam-si District D (hereinafter referred to as the “instant project district”) in around 2005 and was selected as a housing site supplier (hereinafter referred to as the “person to be supplied with the instant housing site”) and granted the right to purchase a certain area of a detached housing site or block-type detached housing site in the instant project district by consultation with the Korea Land and Housing Corporation.

B. On July 28, 2005, Defendant C was selected as a person to be supplied with the instant housing site from the Korea Land and Housing Corporation and was granted the right to purchase approximately 297 square meters (90 square meters) out of the block-type detached housing site (A13 block) in the instant project district (hereinafter “instant housing site purchase right”).

C. At November 2006, E purchased the instant housing site purchase right from Defendant C in KRW 70,000,000.

On June 4, 2007, the Plaintiff entered into a sales contract with Defendant B, who is a child of E, to purchase all of Defendant C rights at KRW 135,00,00 (hereinafter “instant sales contract”). The written contract states that Defendant C is the seller, Defendant B is the seller’s agent, and the Plaintiff is the buyer, and that “this contract is the original owner’s contract, and all of Defendant B’s agent is responsible for the change of name.”

E. On June 4, 2007, the Plaintiff paid KRW 135,000,000 to Defendant B, and the receipt written in Defendant B’s name and the face value of KRW 135,00,000 issued in Defendant B’s name.