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Reasons
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(영문) 수원지방법원 성남지원 2018.09.05 2017가단219644 (1)
매매대금반환
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1. The Defendant: (a) KRW 100 million to the Plaintiff; (b) KRW 5% per annum from September 15, 2017 to September 5, 2018; and (c) thereafter.

Reasons

1. Basic facts

A. On February 14, 2003, each of the real estate listed in the list of real estate (hereinafter “each of the real estate in this case”) was completed the registration of ownership transfer for 1/3 shares among the real estate listed in the list of real estate (hereinafter “each of the real estate in this case”, and separately indicated, if indicated, it shall be classified by the sequences of the following list) that is the Plaintiff’s spouse, C, Defendant’s spouse, D, and Nonparty E.

List of Real Estate

1. Land for the F farm in Nam-si: 425 square meters;

2. Land for G stock farm in Nam-si: 1,469 square meters;

3. H road 96 square meters in Nam-si.

4. Land for the I stock farm in Namyang-si: 91 square meters;

5. On April 9, 2007, the Namyang-si, F, G, and I (Road Name Address), J Iron-si, Namyang-si, J Hayang-si, one-story of a steel dull roof and plant-related facilities, 300.00 square meters (2) D purchased E’s co-ownership shares (1/3) from E among the instant real estate from E on April 9, 2007, and paid the purchase price in full, but did not complete the registration of ownership transfer.

(3) On January 9, 2009, D died, and on February 10, 2009, K, K, K, and L (hereinafter collectively referred to as “Defendant, etc.”) as its inheritor completed the registration of ownership transfer based on an inheritance agreement division, 1/9 each of the shares in the name of D (1/3) of each of the instant real estate on February 10, 209.

B. (1) On December 28, 201, the Plaintiff entered into a sales contract with the Defendant, etc. to purchase the shares of the Defendant, etc. (1/9) in the land and building Nos. 1, 2, and 3 as well as building Nos. 1/9 from the Defendant, etc. for KRW 230 million, and completed the registration of ownership transfer in the name of the Plaintiff on March 9, 2012 after payment of the price.

(2) At the time of the above sales contract, the sales contract was concluded to the effect that the Plaintiff purchases shares (1/3) in the E’s name for each of the instant real estate from E for KRW 239,200,000 (hereinafter “instant sales contract”).

The preparation of the above sales contract was made at the Office of Licensed Real Estate Agent M.

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