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(영문) 대구지방법원김천지원 2013.12.06 2013가합730
매매대금반환
Text

1. Defendant B’s KRW 270,000,000 as well as 5% per annum from January 26, 2006 to May 21, 2013 to the Plaintiff.

Reasons

1. Basic facts

A. On July 5, 2005, the Plaintiff, jointly with K, L, and M, intended to purchase KRW 79,339 square meters of PP forest 195,597 square meters (hereinafter “instant forest 24,000 square meters; hereinafter “the instant forest 24,000 square meters”) among 79,339 square meters of PP forest 195,597 square meters, which are jointly owned by Defendant B, C, D, E, and networkO (hereinafter “Defendant B, etc.”) by the introduction of N, and paid KRW 50,00,000 to Defendant B as the down payment.

B. On July 14, 2005, M and Defendant B drafted a sales contract as follows with respect to the instant forest land:

(hereinafter “instant sales contract”). Sales amount: 840,00,000 won (contract amounting to 50,000,000 won; 86,000,000 won for the first intermediate payment; 200,000 won for the second intermediate payment to 14, 2005; 200,000,000 won for the second intermediate payment to 200,000,000 won for the second intermediate payment to 28, 2005; 504,000,000 won for the remainder to 30 August 30, 2005); Defendant B and 4,000,000 won to ; and 3 other parties, including buyer,

C. On July 15, 2005, the Plaintiff paid KRW 86,000,000 to the Defendant B via L and N on July 28, 2005, KRW 120,000,000 to the Defendant B via cashier’s checks, ③ on January 13, 2006, by means of remitting KRW 50,000 to the Defendant B by means of account transfer, ④ on January 26, 2006, KRW 150,000 to the Defendant B through K with cashier’s checks, respectively.

On April 4, 2006, P forest land of 195,597 square meters was divided into 116,258 square meters of P forest land, Q281 square meters of Q2,281 square meters, and R forest land of 33,058 square meters.

E. On June 16, 2006, N drafted a receipt in the name of Defendant B to the effect that “456,000,000 won shall be received as down payment and intermediate payment of the instant forest.”

F. On June 22, 2007, the area of 33,058 square meters in Gumi-si is divided into 16,039 square meters in R forest, 14,431 square meters in S forest, and 2,588 square meters in T forest. Defendant B, etc. completed the registration of transfer of ownership with regard to 16,039 square meters in Gumi-si divided as above on the same day for sale as of June 15, 2007.

G. On September 10, 2012, K, L, and M renounced all the rights regarding the instant sales contract.

H. On August 2012, the Plaintiff was unable to sell the forest of this case, even if the Defendant B did not have an intention or ability to sell the forest of this case.

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