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(영문) 대구지방법원안동지원 2015.09.09 2015가단1253
매매대금반환
Text

1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

1. While the Plaintiff’s assertion was seeking to purchase farmland to operate a weekend farm, the Plaintiff was introduced a F 1701m2 square meters in the permanent residence of Defendant D, E, a licensed real estate agent office in the permanent residence area with one-half equity shares owned by Defendant B and C (hereinafter “instant land”).

The Plaintiff notified Defendant D and E of the purpose of purchasing the instant land, and asked Defendant D and E of whether the instant land was incorporated into the central place where the instant land was scheduled to be constructed at the time of permanent residence, and the said Defendants were determined to be constructed bypassing the instant land. Therefore, it was known that the instant land was not incorporated into the project site.

Accordingly, on March 17, 2014, the Plaintiff trusted Defendant D and E’s horses, concluded a sales contract with Defendant B, and paid the full amount of KRW 143,90,000 for the instant land, and completed the registration of ownership transfer stated in the purport of the claim in the future of the Plaintiff on May 15, 2014.

(2) On January 1, 2015, the Plaintiff received communications from the Korea Rail Network Authority that 789 square meters close to half of the instant land area was admitted as a site for the central line Do Do Do Do dong-Yancheon Section Construction Project (hereinafter “instant project”).

Defendant D and E, as a licensed real estate agent, had the Plaintiff enter into the instant sales contract by explaining as if the instant land was not incorporated into the instant site, and even if they were aware of the fact that it was impossible to use the instant land as the weekend farm due to the incorporation of the instant land into the instant site, and that the value thereof would significantly decline. It is evident that Defendant B and C, as the owner of the instant land, were aware of the fact that the instant land was not incorporated into the instant site.

Nevertheless, the Defendants are the Plaintiff.

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