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(영문) 창원지방법원 마산지원 2018.12.06 2018가단100918

매매대금반환

Text

1. Defendant C’s KRW 102,00,000 as well as 5% per annum from February 18, 2013 to April 23, 2018.

Reasons

1. Basic facts

A. On May 23, 2013, Defendant B sold to Defendant C the purchase price of at least 380,000,000, four parcels of land (hereinafter “instant four parcels of land”) including 976 square meters in F, F, G, 360 square meters in size, and H, 922 square meters in total, located in Haan-gun, Haan-gun, Gyeongnam-gun, Gyeongnam-gun, where Defendant B owned (hereinafter “instant four parcels of land”).

B. On June 10, 2013, Defendant C left the land of this case in the name of Defendant B, and decided to sell to the Plaintiff KRW 133,000,000 among the land of this case, Defendant C prepared a sales contract (Evidence A2; hereinafter “instant sales contract”) with the same content, and on the same day, the Plaintiff paid KRW 14,00,000 to Defendant C the down payment.

C. On June 19, 2013, the Plaintiff prepared a sales contract (Evidence No. 3; hereinafter “instant sales contract”) stating that the Plaintiff purchased KRW 215,700,000 of KRW 115,00,00 among the four parcels of land in this case, from Defendant B, the registered titleholder of the instant four parcels of land, and KRW 374 square meters from Defendant B, and KRW 976 square meters from Defendant B, in order to obtain the registration of ownership transfer for the part purchased by the Plaintiff among the four parcels of land in this case.

(A) The Plaintiff purchased 13,00,000 square meters of land of 663 square meters in the sales contract of the instant case. However, in the sales contract of the instant case, the size of land to be purchased by the Plaintiff was reduced to 589 square meters and the purchase price was reduced to 115,70,000,000 won.

On June 19, 2013, the date on which the contract was prepared for the second sale contract of this case, the Plaintiff paid to Defendant C an intermediate payment of KRW 50,000,000. On the same day, the Plaintiff received the registration of ownership transfer from Defendant B for shares of KRW 374/922 square meters in H forest 922 square meters, and for shares of KRW 215/976 square meters in F. 976 square meters

After that, around November 28, 2013, the content is that the Plaintiff owns 374 square meters of I forest and 374 square meters of forest and 215 square meters of land subdivided from the above H H forest and 922 square meters of forest and the above F 976 square meters of land.