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(영문) 서울중앙지방법원 2017.09.28 2017나4217

매매대금

Text

1. Revocation of a judgment of the first instance;

2. The plaintiff's claim is dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

Reasons

Facts of recognition

The Defendant’s transfer, paddy field, and forest land owned by the Defendant, including 37,613 square meters of forest land in Gyeonggi-gu and I Co., Ltd. (hereinafter “I”) on May 16, 201 and 37,613 square meters of forest land in Gyeonggi-gun

1. A land sale agency contract under which I will vicariously sell each of the lands listed in the list (hereinafter “instant sales agency contract”);

was drawn up.

The defendant shall submit attached Form I to I on the same day.

1. The letter of delegation (hereinafter referred to as "the power of delegation") to the effect that all acts concerning the sale and purchase of each parcel of land on the list, preparation of a land sales contract, or delegation of the act of using a seal imprint; and

was prepared and proposed.

After the registration conversion of D forest land into 38,074 square meters on June 23, 2011, the said C forest land is subject to “the instant forest land not exceeding 10,695 square meters for D forest land and 6,524 square meters for E forest land” on June 24, 2011.

It was divided into 6,406 square meters of F forest, G 6,421 square meters of forest, H forest, 8,028 square meters of forest.

The plaintiff between I on November 24, 2011 and I on November 24, 201, annexed to the forest of this case

2. A sales contract was concluded to purchase KRW 45,00,000 for land No. 8 (hereinafter “Provisional Subdivision”) and paid KRW 3,414,000 for purchase price and other expenses, including registration expenses, on December 24, 201 and December 29, 201.

On May 14, 2012, the Plaintiff entered into a sales contract with I to purchase KRW 7,320 square meters of the instant forest land at KRW 75,00,00 among the instant forest land, and paid KRW 35,740,000 in total on seven occasions from May 14, 2012 to May 2, 2013.

On August 31, 2013, the Plaintiff entered into a sales contract with I to purchase the instant forest land of KRW 23,600,000, the provisional partition of which was 6,000, and paid KRW 18,600,000 in total on September 2, 2013 and November 22, 2013.

The plaintiff filed a complaint against K with the fact that K, the representative director of KI, obtained the purchase price by deceiving the plaintiff, and K does not deliver it to the land owner even if it receives the payment of the purchase price of forest land from the plaintiff.