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(영문) 인천지방법원 2014.12.12 2014가합112

매매대금반환

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

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

Reasons

Basic Facts

A. As between the Defendants on June 13, 2006, the Plaintiffs alleged to be “G” in the warden, etc. However, in light of the respective descriptions of evidence Nos. 1 through 4, Gap evidence Nos. 6-2, 4, Gap evidence No. 7, Eul evidence No. 8-2, Eul evidence No. 2, Eul evidence No. 6-9, Eul evidence No. 11, and Eul evidence Nos. 11 and 12, the Plaintiffs appears to be the E’s clerical error.

Of forest land (hereinafter “instant land”), a sales contract was concluded to purchase KRW 700,000 (hereinafter “instant sales contract”) for KRW 200,000,000, and the main contents thereof are as follows:

- Indication of real estate - The location of real estate E - the area: Article 1 (Sales Price and Time) of the 6614 minute2314С (700 square meters) - Sales Price: 200,000,000 - Contract deposit: 80,000 won shall be paid and received at the time of contract and received at the time of contract - The balance shall be paid 120,000,000 won on July 10, 2006.

Article 2 (Transfer of Ownership) The seller shall receive the balance of the purchase price and at the same time deliver all documents necessary for the registration of ownership transfer and deliver such documents to the seller on a monthly basis.

Article 3 (Extinguishment of Rights, etc.) If there is any reason for restricting the exercise of ownership, or the shortage of public charges or other charges, the seller shall remove the defects, burdens, etc. of such rights and transfer its full ownership before the date of receipt of the balance.

Provided, That this shall not apply where otherwise agreed.

Special Agreement: Three persons will sell the agreement at the time of sale at the time of sale, except in special cases;

(b).

The Plaintiffs paid 80,000,000 won for the down payment on June 13, 2006 to Defendant C, and 120,000,000 won for the remainder on July 10, 206, respectively.

C. On June 14, 2006, on the instant land, the registration of the establishment of a collateral security with Defendant C’s wife F and the Plaintiffs as joint collateral security was completed.

At the time of the conclusion of the instant sales contract, the registration of ownership transfer was made in H’s name with respect to the instant land. However, on August 16, 2012, the Defendants shared the instant land at their respective shares of shares of 1/2.