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(영문) 인천지방법원부천지원 2020.01.31 2018가합441
매매대금반환
Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. On June 10, 2008, Plaintiff A and the Defendant’s sales contract 1) The Defendant’s wife D (hereinafter “D land”) from the Defendant on June 10, 2008.

(2) On May 31, 2008, the Plaintiff purchased KRW 463 square meters out of KRW 57,750,000 from the Defendant’s forest land in KRW 104,50,000.

(hereinafter referred to as the “instant contract”), which covers each sales contract described in paragraphs (1) and (2), shall be referred to as the “instant contract.”

Pursuant to the instant contract, the Plaintiff A was divided into “a copy of the cadastral map” in attached Form D on May 11, 2011, with respect to the share of 687/57,750 out of D land on July 22, 2008, and the Plaintiff B completed the respective share transfer registration for the share of 463/57,750 out of D land on July 9, 2008. (2) E forest land of 687 square meters (hereinafter “Plaintiff 1”) was divided into “a copy of the cadastral map” in attached Form D on May 11, 201, and the ownership transfer registration was completed to Plaintiff A on the same day.

3) F forest land 463 square meters (hereinafter “Plaintiff 2”) are F forest land 463 square meters, and Plaintiff 1 and 2 land are collectively included in “Plaintiff 2’s land.”

(4) On May 11, 2011, the location and boundary of D forest and field D 12,283 square meters (hereinafter referred to as “instant land”) after the division of the said land, etc., was divided as “certified copy of the cadastral map” in attached Form D, and the registration of ownership transfer was completed to Plaintiff B on the same day.

[Reasons for Recognition] Unsatisfy, Gap evidence 1-1, Eul evidence 1, Eul 2, and 4, Gap evidence 3's video, the purport of the whole pleadings

2. The plaintiffs' assertion

A. The Defendant explicitly advertised D land, including the Plaintiffs’ land, as the land for housing, and divided it into several parcels, and promised to divide the land into several lots for the construction of housing. In the process of concluding the instant contract, the Plaintiffs proposed the temporary partition on which the road was indicated. After the instant contract, the Defendant provided guidance on the road division procedure to the buyers, including the Plaintiffs, etc., or provided the costs of the lawsuit.

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