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(영문) 수원지방법원 2019.05.31 2018나68780
매매대금반환
Text

1. Each appeal by the Defendants is dismissed.

2. The costs of appeal are assessed against the Defendants.

The purport of the claim and appeal is the purport of the appeal.

Reasons

Basic Facts

1. Place where real estate is indicated: Female group;

d. Part of land category; Forest land; 120,000 won per square day; approximately 4,00-5,000 square meters;

2. Contract terms and conditions contract amount: 40,000,000 won and remainder shall be paid on September 17, 2011;

The special agreement shall be made by the seller at the intervals of the road.

(B) On May 17, 201, between the Plaintiff and the Defendants, a sales contract (hereinafter “first sales contract”) was formulated with respect to the size of land 6059m2 (hereinafter “instant land”) owned by the Defendants as follows:

(A) In addition to the following matters, the sales contract No. 1 includes the total purchase price, intermediate payment, balance, etc., and the location of the land for the purpose of sale and the accurate area of the land is not specified.

Since then, on June 15, 2012, the sales contract (hereinafter “the second sales contract”) was prepared as of June 15, 2012 with the buyer as the Defendants, and the “Buyer” in the second sales contract is affixed with the seal attached to E on the E’s name, but the seal attached to the Plaintiff’s name is not affixed, and the Plaintiff’s seal is not affixed on the side of the Plaintiff’s name, and is indicated as “the contract agent E” in the name of the Plaintiff.

The Defendants transfer “A” portion of the instant land to E with the drawings attached to a sales contract attached to Article 2 (3,201/56,729 shares, respectively, by the Defendant) and transfer “B” portion of the same drawings (3,410/56,729 shares, respectively, by the Defendant) to the Plaintiff.

Contract contents: 480,00,000 won for purchase, down payment of KRW 140,00 (payment date: June 15, 2012), intermediate payment of KRW 200,000 (payment date: July 4, 2012), the remainder of KRW 140,000,000 for a special agreement (payment date: July 30, 2012) (payment date: July 30, 2012), and KRW 240,00,000 for a portion of the purchase price “A” shall be determined respectively by a buyer E, and KRW 240,00,000 for a partial purchase price of KRW 240,00 for a buyer, “B”.

Since then, on November 28, 2014 between the Defendants and F (E) the Defendants and the Defendants included the instant land in F.

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