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(영문) 서울고등법원 2019.01.31 2018나2015572
매매대금반환
Text

1. Revocation of the first instance judgment.

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

3. The total cost of the lawsuit.

Reasons

1. Basic facts

A. 1) Plaintiff (former trade name: P; hereinafter “Plaintiff”)

on August 27, 1997, the deceased G (hereinafter “the deceased”).

(3) The real estate in the separate sheet No. 1 (hereinafter collectively referred to as “instant real estate”) shall be indicated as “the instant L real estate” and, in specification, as the parcel number of the instant L real estate, etc.

(2) The sales contract was concluded to purchase KRW 820,00,000,000,000 for the first intermediate payment of KRW 160,000,000 for the first intermediate payment of KRW 100,000,000 for the second intermediate payment of KRW 160,000 for the second intermediate payment of KRW 2 months after the date of payment of the second intermediate payment of KRW 40,000 for the remainder of KRW 400,000 for the second intermediate payment (hereinafter “instant sales contract”).

(2) The Plaintiff subrogated to the Deceased for payment of KRW 479,472,701 in total as part of the purchase price of the instant sales contract from August 27, 1997 to November 15, 2002 ( KRW 100,000 on September 10, 1997, KRW 60,000 on November 15, 1997, KRW 479,472,701 ( KRW 10,000 on November 10, 1997, KRW 60,000 on November 6, 1997, KRW 140,000 on November 15, 1997).

3) On August 29, 1997, the Plaintiff entered into a contract with Q Q to purchase KRW 334/836 of the real estate listed in the attached Table 2 and KRW 334/836 of the land in Gwangju City owned by R for KRW 3.2 billion. At that time, the Plaintiff sought to create a housing complex in the land including the real estate listed in the attached Table 2. (4) On March 29, 2003, the Plaintiff was entitled to the claim for the registration of transfer of ownership under the instant sales contract for the instant real estate as the preserved right, and was subject to the Suwon District Court's Sung-nam Branch Branch Decision 2003Kahap140 (hereinafter referred to as the "decision of provisional disposition in this case"). On April 3, 2003.

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