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(영문) 대전지방법원 2015.08.19 2013가합10141
부당이득금반환
Text

1. The plaintiff's claim is dismissed.

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

Reasons

Basic Facts

On December 17, 2010, the Plaintiff, an agent of the Defendants, prepared a sales contract (hereinafter “the first contract”) with respect to the land indicated in paragraph (1) of the attached list owned by E and the Defendants (hereinafter “F land”) and the building indicated in paragraph (2) of the same list owned by the Defendant B (hereinafter “instant building”).

Marking of real estate: The purchaser shall pay the price to the seller by the following payment methods with regard to the sale and purchase of the real estate under Article 1 of the 313 square meters in Masung-gun and the 42.92 square meters in containers with the above ground container structure:

On December 17, 2010, 2010, KRW 160,000 (Won 160,000,000) in total amount of the purchase price, the Plaintiff entered into a final sales contract (hereinafter “instant sales contract”) with respect to the real estate listed in the separate sheet (hereinafter “G land”) by supplementing the contents of the initial contract with Defendant B on May 14, 201, in order to cover the balance of the payment on January 30, 201 in the part of the intermediate payment, which was made on February 28, 2011, with the intention of the seller B (Defendant) out of the payment on February 28, 2011.

The main contents of the sales contract prepared at the time of the instant sales contract are as follows.

Indication of Real Estate:

1. Franchi-gun 313 square meters;

2. With respect to the sale and purchase of the above real estate under Article 1 of the same Act, the buyer shall pay the purchase price as follows:

The sale price: The down payment of gold 125,00,000 won (Won 125,00,000 won): The payment of gold million won shall be made and received to the seller at the same time as the contract is made. The intermediate payment of gold 0 million won shall be made and received on June 14, 201. The remainder shall be paid and received on June 23, 201. Of note, the payment of gold Huncheon,000 won shall be made and received on June 23, 201. Of note, the seller B (Defendant), C (Defendant), and D (Defendant) shall be made.

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