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(영문) 수원지방법원안산지원 2014.03.27 2013가합192

금전반환

Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of the lawsuit, including those resulting from the participation, shall be all included.

Reasons

1. Basic facts

A. The Plaintiffs indicated on the F (hereinafter referred to as the “F land”) registry from the Defendant in Gwangju-si, Gwangju-si, the indication on the F (hereinafter referred to as the “instant F land”) registry is H to 1025.7 square meters. The Defendant, along with G and the Defendant’s Intervenor D, sold the said land to the Plaintiffs. The Defendant’s Intervenor E is the Defendant’s wife D.

B. The Defendant, G, and the Intervenor D (hereinafter “Defendant, etc.”) purchased the instant F land from the Korea Land and Housing Corporation on July 7, 2009 in the sale price of KRW 5,012,250,000, and paid KRW 501,225,000 on the same day.

(However, the sales contract was concluded in the name of Defendant 1). The defendant et al. tried to recover the investment by selling the above land to a third party as overdue interest is difficult to conduct the business that was conducted on the basis of the F land of this case and as overdue interest is not paid.

- The power of attorney of this case - one of three persons jointly invested by the F in the name of Gyeonggi-do, who wishes to fully delegate the sale of this land to the Chairman. The sale amount wishes to be an amount of KRW 300 million. Of three persons, there is no objection to the preferential treatment of the above amount.

C. On July 7, 2010, the Defendant, etc. prepared a letter of delegation (hereinafter “instant delegation of delegation”) with respect to the sale of the instant F land and delivered it to the Intervenor D.

On August 31, 2010, the Plaintiffs concluded a contract with the Defendant’s Intervenor D to purchase the instant F land from the Defendant for KRW 5,012,250,000 (hereinafter “instant sales contract”).

The terms and conditions of the instant contract are as follows.

Each sales contract (No. 4, No. 2) submitted by the plaintiffs and the defendant is the same as the entries, but the seal is affixed.