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(영문) 의정부지방법원 2016.10.20 2014가합58426
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. Presumed factual basis

A. On July 13, 2009, including the conclusion of the instant sales contract, the Plaintiff concluded a sales contract (hereinafter “instant sales contract”) with Defendant B, the seller, the Plaintiff, and the sales price of KRW 440,000,000 for each of the items as “Defendant B, the purchaser, the Plaintiff, and the sales price of KRW 440,000,00,” respectively.

The Plaintiff and Defendant B stipulated that “The permission for development activities of the instant land and the permission for construction shall continue to exist until the date of the remainder of the permission. Documents required by the buyer at the time of the change of permission shall be immediately supplemented.” as the special terms and conditions of the instant sales contract.

The Plaintiff paid KRW 440,00,000 to Defendant B in accordance with the instant sales contract, and completed the registration of ownership transfer in the name of the Plaintiff on October 15, 2009 with respect to the instant land.

B. On July 24, 2009, the Plaintiff entered into a sales contract with Defendant C, the purchaser, and the purchaser of the instant land 2,673 square meters (hereinafter “instant E”) with respect to each of the instant sales contract (hereinafter “the instant sales contract”) with each of the “the seller’s KRW 650,000,000” (hereinafter “instant sales contract”).

The Plaintiff paid KRW 650,00,000 to Defendant C in accordance with the instant secondary sales contract, and completed the registration of ownership transfer in the name of the Plaintiff on October 27, 2009.

C. Around August 2003, F, the owner of the instant D land, including the instant permission for development, was granted permission from the Macheon-gun to form a site for each construction of “the first floor, the first floor building of the ground,” and “the second floor building of the ground” on the ground of the instant D land (hereinafter “instant permission for development”) and permission for construction of the first class neighborhood living facilities on the ground of the instant D land (hereinafter “instant construction permission”).

Defendant B is from F on November 18, 2002, the instant D.

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