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(영문) 창원지방법원 2019.02.15 2017가단114613

매매대금반환

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Facts of recognition;

A. On April 10, 2012, the Defendant completed the registration of ownership transfer with respect to the registration of the combination of the two land (hereinafter referred to as “instant land”) of the 1135 square meters and D 528 square meters in Changwon-si’s counter C, Changwon-si.

B. Around February 2014, the Defendant received a notice from the head of Chang-si, Chang-si, that “the instant land was scheduled to be disposed of as farmland subject to obligation to dispose of because it was not used for agricultural management.” Around March 24, 2015, the Defendant received a notice of obligation to dispose of the instant land.” (c) On October 8, 2015, the Plaintiff received an order to dispose of the instant land by the head of the Gu by the deadline for disposition of farmland within KRW 1,60,000 (contract amounting to KRW 60,72,000,000,000,000 won, total payment, KRW 8,000,000,000,000 won, and KRW 20,000,000,000,0000). On the same day, the Defendant received an order to dispose of the instant land by the deadline for disposition by the head of the Gu up to March 16, 2016.

E. On June 16, 2016, the Plaintiff filed an application for a building permit to construct an agricultural warehouse on the instant land, but rejected an application for a building permit on September 13, 2016.

F. On September 30, 2016, the Defendant completed the registration of ownership transfer on the instant land to E.

[Reasons for Recognition] Facts without dispute, Gap 1 through 4, 6 evidence, Eul 1 through 4 (including partial numbers), the purport of the whole pleadings

2. The allegations and judgment of the parties

A. The validity of the instant sales contract was lost due to the following grounds for the Plaintiff’s assertion, or the instant sales contract was rescinded or revoked, or the instant sales contract was rescinded or revoked, and thus, the Defendant would pay KRW 120 million around the Defendant (the contract amounting to KRW 60 million and the damages amount to KRW 60 million).