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(영문) 수원지방법원 2014.12.12 2014가합8182
토지대금 등 반환
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. The plaintiff's assertion and judgment on the plaintiff's assertion

A. On October 1993, the Plaintiff asserted that the Plaintiff purchased three lots of land, such as D, E, and F, owned by Nonparty Foundation C (hereinafter “Nonindicted Foundation”) from the Foundation C (hereinafter “Nonindicted Foundation”) for KRW 200 million in the purchase price, and paid in full.

After all, the non-party foundation agreed to return or pay to the Plaintiff the amount stated in the claim, including the Plaintiff’s loss 21,425,000 won due to the Plaintiff’s delay in the performance of the obligation to implement the procedure for the registration of ownership transfer as to the instant real estate due to the non-party foundation’s failure to implement the procedure for the registration of ownership transfer.

B. According to the statement in Gap evidence No. 1, the fact that the plaintiff entered into a sales contract with G on October 5, 1993 for the real estate of this case with the non-party foundation with the purchase price of KRW 200 million can be acknowledged.

However, the Plaintiff paid the full amount of KRW 200 million to the Nonparty Foundation solely on the basis of each statement of evidence Nos. 1 and 3.

It is insufficient to recognize that the Defendant agreed to refund or pay to the Plaintiff the money stated in the purport of the claim, including the above purchase price of KRW 20 million and the Plaintiff’s damages of KRW 21,425,00,000, and there is no other evidence to acknowledge this otherwise. Therefore,

2. The plaintiff's claim is dismissed as it is without merit. It is so decided as per Disposition.

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