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(영문) 서울고등법원 2018.11.08 2017나2068463

매매대금반환

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1. A change in the claim of the Plaintiff (Counterclaim Defendant) and the change in the counterclaim claim of the Defendant (Counterclaim Plaintiff) by this court.

Reasons

1. Basic facts

A. From November 2005, the Plaintiff started financial transactions with the Defendant from November 2005. (2) In order to operate an engine-related maintenance plant (maintenance facility) for automobiles and power generators, the Plaintiff purchased 1,000 square meters out of 15,992 square meters of forest and field D and F forest and field owned by E from the Defendant and the first instance trial codefendant B (hereinafter “B”) in order to use it as a new site for the maintenance plant around 2008.

3) On March 17, 2009, the F forest land of 15,992 square meters was converted into G forest of 16,214 square meters in Namyang-si, Namyang-si. On March 18, 2009, G forest of 9,273 square meters and H forest of 6,941 square meters in G forest of 9,273 square meters. The said G forest of 9,273 square meters was converted into a warehouse site on May 12, 2009 (hereinafter the above G warehouse site was referred to as “G land”).

(2) On November 25, 201, the part sold by the Defendant and B to the Plaintiff is 1,000 square meters designated by the purchaser among the permitted areas in H forest 5,489 square meters (hereinafter “H land”), and 1,000 square meters, which is the subject matter of sale, are 1,00 square meters, among the permitted areas in H forest 5,489 square meters.

B) On March 11, 2008, the Plaintiff concluded a sales contract with B on March 11, 2008 to purchase 50 million square meters (1650 square meters) out of the land of this case from B on March 11, 2008, and concluded a sales contract with 1.155 million square meters out of the down payment 200 million won, the remainder of 50 million won out of the down payment shall be paid by March 14, 2008 until March 14, 2008, and the remainder of 950 million won shall be substituted for a bank loan, but the Plaintiff agreed to make a mutual agreement with one another. < Amended by Act No. 8857, Apr. 2008>

The plaintiff paid KRW 200 million to B on the payment date of the down payment.

In the above sales contract, "the entry road is jointly used," and "the trade plane is divided into B and the defendant from 1,000 to 1,000 to 1,00 to 1,00 of the permitted area," and the current status survey is also attached as follows.