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(영문) 창원지방법원 2016.11.24 2015가합34949

매매대금반환

Text

1. The plaintiff's claim is dismissed.

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

Reasons

On the premise, the Plaintiff purchased a lot of land B in Kimhae-si and intended to construct a new apartment on the ground, and the Defendant owned a lot of land 5,041 square meters (hereinafter “instant land before the instant partition”).

(2) The payment date of down payment of KRW 475,80,000 on May 10, 2006: (a) The remainder of KRW 475,80,000 on a sales contract (i.e., the remainder of KRW 475,80,000 on a down payment) (ii) The payment date of down payment of KRW 475,80,000 on a written contract for the entire project site, and the remainder of KRW 4,282,200,00 shall be paid by September 30, 2006.

On May 10, 2006, the Plaintiff: (a) purchased the instant land from the Defendant on May 10, 2006; (b) prepared a sales contract with the following contents (hereinafter “sales contract as of May 10, 2006”; (c) deposited KRW 475,80,000 to the Defendant on May 26, 2006. On December 27, 2006, the Defendant sold the shares of KRW 1983/5041 of the instant land before the instant subdivision to D; (d) completed the registration of ownership transfer on December 29, 206; (e) KRW 360,574,000; (e) KRW 30,50,000; (e) KRW 25,50,000; and (e) KRW 34,50,000,000; and (e) KRW 25,514,75,201,000,00.

The Plaintiff purchased the land before the instant partition from the Defendant on May 24, 2011.