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(영문) 의정부지방법원 2017.11.08 2016가합53050

매매대금반환

Text

1. The plaintiffs' claims against the defendants are all dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts - List of Land for Sale - 1,425 square meters in F-School sites 1), G G 333 square meters in H forest 373 square meters in G 373 square meters in H forest 91 square meters in 911 square meters in land list - sale and purchase of land in F, I, H, and G is a sale and purchase contract for the seller’s share (the excluded area shall be indicated separately in drawing) with D and C’s share in the above list of land. - The seller shall receive the share of F, I, and HJ after the contract.

Other special agreements shall be attached in attached Form. A.

On September 11, 2015, the Plaintiffs and E (hereinafter referred to as “Plaintiffs and two others”) concluded a sales contract with the Defendants to purchase KRW 2,616.5 square meters of the purchase price of KRW 1,52,90,000 (in case of a contract, KRW 150,000,000,000 and KRW 1.352,90,000,000,000,000,000,000,000,000,000 won for the remainder of October 28, 2015; and on the same day, the Defendants paid the down payment of KRW 15,50,000,000 from the Defendants, and stipulated the following special terms in the sales contract:

(hereinafter “instant sales contract”). B.

Of each of the instant lands, F School Sites 1,425 square meters in Yangju-si, H Forest Land 378 square meters, and 911 square meters in I Forest Land (hereinafter “instant land”) are the land owned by the Defendants and J, and the G 333 square meters in lots prior to G (hereinafter “instant land 2”) are the land owned by the Defendants and K.

C. On September 23, 2015, Plaintiff A and two others notified the Defendants of the purport that “each of the instant land is less than the minimum divided area or it is impossible to divide it due to co-owners’ non-approval, so the instant sales contract shall be rescinded.”

Meanwhile, Plaintiff A and two other parties did not pay any balance by October 28, 2015, which is the remaining payment date, and the Defendants notified Plaintiff A and two other parties of the payment of the balance on October 29, 2015, and notified Plaintiff A and two other parties of the cancellation of the instant sales contract in the event that the Plaintiff and two other parties fail to perform the payment.

E. E, one of the joint buyers of each of the instant lands, transfers all the claims related to the instant sales contract to the Plaintiffs.