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(영문) 창원지방법원 2017.02.01 2016가단106509

부동산매매계약금

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1. The Defendant: (a) KRW 25 million to the Plaintiff; and (b) 5% per annum from January 19, 2016 to February 1, 2017 to the Plaintiff.

Reasons

1. The basic facts of the claim (1) (1) Nonparty C and the Defendant, the Plaintiff’s husband, were paid in kind with the introduction of Nonparty D, and during that process, Nonparty F Co., Ltd., the Plaintiff’s wife Nonparty F (other person, the representative director), who was a company director, was the Plaintiff’s wife, was using 364m2 (the owner of the building register is the Defendant’s wife H, and the approval for use was obtained on June 30, 201 with the permission for agricultural use) from the Defendant on September 5, 2011 as the main ship of Nonparty F Co., Ltd., the Plaintiff’s wife of Nonparty F (other person, the representative director).

When a charge of violating the Farmland Act was filed against a resignation authority on September 2013 by using an agricultural warehouse for any other purpose, the Defendant returned the farmland to the Defendant on or around September 2013. (2) Meanwhile, the Defendant intended to purchase part of the I land (the preceding 2,218 square meters) in Kimhae-si and sell the factory to another, and then sell it to the Defendant. However, Nonparty J (the Defendant had purchased and sold the real estate before it was sold) intended not to sell it to the Defendant through the above D. Accordingly, C agreed to operate the business with the Defendant in the name of the Plaintiff (the Plaintiff’s agent or agent). Accordingly, the Plaintiff contributed the down payment of the purchase price in the above land, and the Defendant sold the said land to the Defendant after purchasing the remainder of the land and a new factory construction, and divided the profits by selling the said land into the Defendant’s share of the contract deposit with the Defendant at the time of selling and selling the down payment to the Defendant’s account (the Defendant’s share of the contract deposit with the Defendant 250 million won).

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