(영문) 수원지방법원 2016.05.13 2015가단132740

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(영문) 수원지방법원 2016.05.13 2015가단132740

매매대금반환

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1. The Defendant: 72,00,000 won to Plaintiff A and 5% per annum from March 4, 2015 to May 13, 2015, respectively.

Reasons

1. Basic facts

A. The Defendant, a company engaged in the business of selling and selling real estate, selling and selling real estate, etc., and engaged in selling 2,645 square meters of D forest land (hereinafter “instant land”) through its business employees in the process of selling them to the general public, which is so long as the value of development is high in the future.

B. On February 23, 2015, Plaintiff A purchased part of KRW 84,00,000 from the Defendant’s forest E- 2,194 square meters (hereinafter “instant land”). Plaintiff B purchased part of the instant land from the Defendant for KRW 94,80,000 on April 9, 2015.

C. By March 4, 2015, Plaintiff A paid 84,000,000 won to the Defendant. Plaintiff B paid 84,000,000 won to the Defendant on April 9, 2015, and KRW 2,000,000 on April 10, 2015, and KRW 6,00,000,000 on April 11, 2015.

The Defendant performed a sales contract by completing the registration of ownership transfer for a part of the instant land’s share to the purchaser.

[Ground of recognition] The fact that there is no dispute, entry of Gap's 3 through 5, purport of whole pleading

2. The parties' assertion and judgment

A. The plaintiffs asserted that the above sales contract was subject to a specific part of the land of this case, and the defendant sold part of the land of this case to others, and completed the registration of ownership transfer, thereby making the specific part of the land of this case to be sold to the plaintiffs, and the defendant's obligation to transfer ownership as to the object of this case to be delivered with the registration of ownership transfer is omitted, and the plaintiffs cancelled each of the above sales contract, so the defendant is liable to return the purchase price already received to the plaintiffs and pay interest or delay

B. The defendant has designated a specific part of the land of this case and purchased by each purchaser of the land of this case.

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