logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 전주지방법원군산지원 2020.09.03 2019가단54175
매매계약금반환
Text

The plaintiff's claim is dismissed.

Litigation costs shall be borne by the plaintiff.

Reasons

1. The Defendants of the D Site D Co., Ltd. 1/2 shares each of the Defendants of the D Co., Ltd. D Co. 1/2 shares 1/3 shares in the 1/3 shares in the G Co., Ltd. 8/98.1 shares in the 8/98.1 shares in the Defendants of the G Co., Ltd. 82.1/98.1 shares in each of the Defendants of the G Co., Ltd.

A. The ownership relationship of each real estate listed in the separate sheet (hereinafter “each real estate of this case”) is as listed below.

B. On November 2, 2018, the Plaintiff and the Defendants entered into a sales contract with the terms that the Defendants purchase shares of the Defendants among the real estate listed in the separate sheet Nos. 1 and 2 from the Defendants to KRW 329,00,000 (contract amount of KRW 30,000,000, any balance of KRW 299,000,000, and any balance payment date of November 30, 2018).

C. On November 2, 2018, the Plaintiff and the Defendants entered into a sales contract with the Defendants on the purchase price of KRW 21,000,000 (the balance of KRW 5,000,000, the remainder of KRW 16,000,000, and the remainder payment date of November 30, 2018) (hereinafter “instant sales contract”).

The Plaintiff paid the Defendants the sum of KRW 35,000,000 (=30,000,000,000) to the Defendants on the day of the instant sales contract.

[Ground of recognition] Facts without dispute, Gap evidence 1, 2, Eul evidence 3 (including branch numbers; hereinafter the same shall apply) and the purport of the whole pleadings

2. The plaintiff's assertion and judgment as to the plaintiff

A. The Plaintiff, who did not receive regular education, entered into the instant sales contract with the knowledge that all of the instant real estate was purchased from the Defendants.

The Defendants, using the Plaintiff’s initiative and experience, sold the Defendants’ shares in each of the instant real estate. However, as if they sold the entire each of the instant real estate, deceiving the Plaintiff as well as concealing the fact that part of the said real estate is included in Nonparty F’s shares.

arrow