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Reasons
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(영문) 서울중앙지방법원 2020.02.07 2017가단5101105
매매대금반환 청구의 소
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1. Defendant C’s KRW 13,500,000 and the Plaintiff’s annual rate of KRW 5% from July 3, 2014 to February 7, 2020.

Reasons

1. Basic facts

A. Defendant C is the representative director of Plaintiff E who sells real estate and provides consulting, and Defendant B is the relative of Defendant C, and Defendant D is the inside director of the said research institute.

B. Around April 2014, Defendant C agreed to purchase G forest G 7894 square meters and 1061 square meters prior to H in Chungcheongnam-si, Chungcheongnam-si, Y, with F, KRW 350,000,000 per square meter.

C. Around May 2014, Defendant D recommended the Plaintiff to purchase the land at a low price as follows: (a) “Iri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-si (hereinafter “Iri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-si)

Defendant C entered into a sales contract with F on June 19, 2014 with respect to the above G and H land under the name of Defendant B, and completed the registration of ownership transfer in the name of Defendant B on July 4, 2014.

E. On June 23, 2014, Defendant C prepared a real estate sales contract in the name of “F,” stating “The indication of real estate: 150 square meters (including entry roads) among G in Chungcheong City, and 67,500,000 won: The sale price was KRW 67,500,000,” and delivered it to the Plaintiff. The Plaintiff affixed a seal on the said real estate sales contract.

7. up to 2.2. Defendant C paid 67,50,000 won in full.

(F) The contract under the above sales contract was concluded on August 21, 2014. G land was divided on August 21, 2014, and a forest land was 434m2. H land was divided on August 18, 201, and was 647m2 prior to the said contract.

G. Defendant C prepared a new sales contract that became the Plaintiff on August 29, 2014 in order to complete the registration of ownership transfer, and on September 2, 2014, the Plaintiff purchased and sold shares 261/434 out of the said G land, and 235/647 out of the said H land (hereinafter “instant land”).

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