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(영문) 대전지방법원 2018.10.17 2017가단222013
매매대금반환
Text

1. The Defendants are jointly and severally liable to the Plaintiff for 86,00,000 won and each year from November 8, 2012 to January 5, 2018.

Reasons

1. Basic facts

A. On October 4, 2012, the Plaintiff entered into a land sales contract with Defendant Incorporated Incorporated Company B (hereinafter “Defendant Company”) with the content that the Defendant Company purchases 31 square meters of 1,798 square meters of 331 square meters of 430 million square meters of 4,000,000 owned by the Defendant Company (hereinafter “instant sales contract”) (i.e., this case’s sales contract”), and (ii) it appears that the Plaintiff was solely owned by the Plaintiff, 330 square meters of 330 square meters of 4,000 square meters of 1,798 square meters of 4,000,000,000 won (hereinafter “instant land”). Around that time, the Plaintiff paid KRW 93 million of the sales price to the Defendant Company.

B. At the time of the conclusion of the instant sales contract, Defendant C, the actual operator of the Defendant Company, prepared a written confirmation (hereinafter referred to as “instant written confirmation”) with the Plaintiff, stating, “I will be responsible for the Defendant Company and transfer of ownership if I will not enter the Gunsan Hospital,” on October 26, 2012, that “I will be responsible for the Defendant Company and transfer of ownership” on the instant land.

C. After that, the instant land was not constructed, and the Plaintiff demanded Defendant C to return the sales price on the grounds that the building of the hospital located in the Gunsan Hospital annexed to the Jeonbuk University was accordingly demanded. Defendant C paid KRW 7 million in total to the Plaintiff on March 31, 3017, including the payment of KRW 5 million to the Plaintiff.

Until the date of the closing of argument in the instant case, the instant building of the hospital affiliated with the previous Korean University was not constructed on the instant land, and on this ground, the duplicate of the instant complaint stating the purport of cancelling the instant sales contract was served on the Defendant Company on January 3, 2018.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 6, Eul evidence No. 1, the purport of the whole pleadings

2. According to the above facts of recognition as to the cause of the claim, the defendants are the plaintiff of this case.

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