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(영문) 대전지방법원 서산지원 2017.01.24 2016가단51615

매매대금반환

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. C and D as a personal business entity, mediated the sale of real estate owned by E Co., Ltd. (hereinafter “E”) or the Defendant.

The Plaintiff was introduced F’s mother C through F working at the same workplace.

On December 17, 2014, the Plaintiff purchased some of the E-owned land G in Seosan-si (H registration conversion on December 17, 2014) with the introduction of C and D, and demanded the resale or refund of the said land.

D, around July 22, 2015, D and C stated that the Plaintiff will have a certificate of seal impression and enter the E office to resell the land.

B. Around July 22, 2015, the Plaintiff asked C and D to introduce land for landscaping business, and C and D suggest that the Plaintiff purchase part of the land for I forest 39,757 square meters (hereinafter “the instant forest land before division”) in Seosan-si prior to the division owned by the Defendant.

On July 22, 2015, the Plaintiff and C responded to the instant forest before subdivision, and around that time, the Plaintiff concluded a sales contract for part of the forest land linked to D and C’s current status.

C. On September 2, 2015, the instant forest was divided into KRW 25,683 square meters of I forest in Seosan-si, and KRW 3,456 square meters of J forest (hereinafter “J forest”), KRW 3,456 square meters of K forest (hereinafter “K forest”), KRW 6,122 square meters of L forest (hereinafter “instant forest”), and KRW 1,040 square meters of M forest (hereinafter “share-sharing forest”).

On July 22, 2015, the Plaintiff and D drafted a sales contract stating the seller as E at the time of entering into the sales contract for the instant forest before subdivision. On October 16, 2015, the Plaintiff and D drafted a sales contract stating that the seller of the existing sales contract shall be the Defendant, the seller of the instant forest, and the subject-matter of the sale as the co-owned forest (the subject-matter of the instant forest subject to the division before subdivision as the parcel number).

The main contents are as follows:

The Plaintiff is the Plaintiff.