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(영문) 대구지방법원 포항지원 2018.10.02 2017가단106631
매매대금반환
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Under the introduction of F, who had been engaged in construction work in C and Gyeongbuk-gun Dial (hereinafter “Duri”), the Plaintiff, a branch of the land, intended to purchase 1,640 square meters per annum (hereinafter “instant land”) prior to G owned by the Defendant and adjacent to the said land.

Accordingly, F recommended the Defendant’s agent H to sell the instant land on May 2016, and the Defendant refused to offer a proposal as a matter of capital gains tax, but F recommended several times to sell the instant land and eventually the Defendant decided to sell the instant land.

Accordingly, on June 1, 2016, Plaintiff’s mother, F, Defendant, and Defendant’s agent H et al. gathered at the International Certified Judicial Scriveners Office, and the Plaintiff purchased the instant land from Defendant as KRW 84,00,000 (Provided, That the sales contract was entered as KRW 64,480,00,00). On the same day, the Plaintiff paid the said purchase price to the Defendant on the same day. The Defendant, on the same day, paid documents necessary for the registration of ownership transfer on the instant land to the Plaintiff, and concluded a sales contract to deliver the instant land (hereinafter “instant sales contract”).

The plaintiff and the defendant directly met on the date of the above sales contract.

According to the instant sales contract, the Plaintiff paid KRW 64,480,00 to the Defendant at the request of the Defendant on the same day, and KRW 19,520,00 to the owner of the J adjacent to the instant land, F, and the remainder of KRW 19,520,00. The Defendant transferred all the documents related to ownership transfer registration to the Plaintiff.

F) After the lapse of three days from the date of the conclusion of the instant sales contract, F began cutting and banking of the instant land, and stored building stones on the ground of the instant land.

Defendant and K, as the owner of the instant land and J, proposed to the Plaintiff a written consent to the use of the instant land and J with the purport that he/she consented to the use of the instant land and J’s land. However, the date of the written consent to the use of the relevant land was written on June 2016.

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