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Reasons
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(영문) 인천지방법원 2016.10.11 2016가합1232
매매대금반환
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1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

1. Basic facts

A. The Plaintiff transferred the total amount of KRW 292,00,000 to the account in the name of Defendant C, the spouse of Defendant B, for the purchase price and various expenses necessary to purchase forest E- 15,967 square meters (hereinafter “the land before the instant subdivision”).

B. On July 10, 2006, Defendant B purchased the above shares in the name of Defendant C in KRW 31,500,000 from F, a 7/161 share owner of the land prior to the instant partition, and completed the registration of ownership transfer on July 14, 2006.

In addition, on July 24, 2006, Defendant B entered into a sales contract with G, a 154/161 share holder of the land prior to the instant partition, to purchase the said share in KRW 350,00,000,000, and on the same day, Defendant B agreed to develop 3,967 square meters of the land prior to the instant partition into a housing site and sell it to a third party, and pay land costs and development gains to G.

C. On July 24, 2006, the date of the conclusion of the above sales contract, Defendant B paid KRW 111,50,000 as the down payment and the intermediate payment under the above sales contract, and KRW 350,000 as the remainder on August 23, 2006, including KRW 238,500,000. Of them, Defendant B paid KRW 290,000,000 as the money remitted to the account in the name of Defendant C, and the remainder KRW 60,00,000 as the money of Defendant B.

On July 23, 2007 and August 14, 2007, Defendant B changed the land category to a road on July 1, 2009, the land category of which was changed on July 1, 2009.

After registering the subdivision as 396 square meters of L, 12,739 square meters of woodland, and 692 square meters of D forest land (hereinafter “instant H or D land”), G and H or L land of this case on August 14, 2007 are owned by G, and the instant D land is owned by Defendant C and completed the registration of ownership transfer for each land by concluding a partition contract.

E. Since August 28, 2007, Defendant B completed the development as a housing site on August 28, 2007 H through J.

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