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(영문) 서울서부지방법원 2013.09.06 2012가합13583

매매대금반환

Text

1. The part of the conjunctive claim in the instant lawsuit is dismissed.

2. The plaintiffs' primary claims are dismissed.

3...

Reasons

1. Judgment as to the primary cause of claim

A. The plaintiffs asserted as follows: (a) the defendant purchased a total of KRW 200,000 square meters from the defendant on two occasions, together with the non-party E, for a total of KRW 950,000 square meters from the land in the Vietnam National Development Area (hereinafter "the land in this case"); and (b) the plaintiff A paid KRW 590,000,000 from January 24, 2008 to April 30, 2008; (c) the plaintiff B paid KRW 222,00,000,000 won from July 24, 2008 to October 1, 2008; and (d) the plaintiff C paid KRW 150,000,000 to the defendant through the bank account from September 20, 2008 to October 20, 208.

However, even though the land of this case cannot be sold to Korean people, the defendant deceivings the plaintiffs, and did not inform the plaintiffs of notarial documents related to the purchase of the land of this case that the defendant promised to purchase the land of this case at the expiration of four years from that date. The plaintiffs, on the ground of fraud, etc., seek the cancellation of the above sale contract with the defendant and the return

B. First of all, as to the fact that the plaintiffs and the defendant concluded a sales contract for the land of this case, it is difficult to believe that the entry of the evidence No. 1 in the evidence No. 1, and the witness E's testimony, and it is insufficient to recognize the entries in the evidence No. 2 through No. 6, and there is no other evidence to acknowledge them.

Therefore, without examining the remaining issues, the plaintiffs' above assertion is without merit.

2. Judgment on the conjunctive cause of claim

A. Even if the plaintiffs asserted that they did not conclude a sales contract on the land of this case with the defendant, the defendant concluded a sales contract on the land of this case with E, and received the price from E, and the plaintiffs purchased the land of this case from E with the price of KRW 950 million, and paid the price to E. As alleged earlier, the land of this case cannot be sold to the Korean people.