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(영문) 인천지방법원부천지원 2015.02.04 2014가단28154
매매대금반환 등
Text

1. The defendant,

A. The Suwon District Court with respect to shares of 496/4364 out of the real estate listed in the separate sheet from the Plaintiff.

Reasons

1. On December 3, 2013, the Plaintiff was introduced from the Defendant’s business head of the Defendant’s trade division in real estate development and trade, and purchased KRW 496/4 shares in the instant land in KRW 40,000,000, and KRW 1,000,000 on the same day, and KRW 29,000 on December 27, 2013, and KRW 10,000,000 on January 6, 2014, and completed the ownership transfer registration on March 27, 2014. On March 3, 2014, the Plaintiff purchased KRW 13,983 (hereinafter “instant land”). The Plaintiff purchased KRW 496/4 shares in KRW 496/4 shares in the instant land in KRW 1,00,000 on the same day, and paid KRW 198,300,700,300,300,000.

[Reasons for Recognition] Facts without dispute, Gap evidence Nos. 1, 2, 4, 10 (including paper numbers)

2. The assertion and judgment as to the cause of the claim

A. (1) The Plaintiff, the representative director of the Defendant, E, F, and C, the head of the business division, “G Government,” implemented policies to cancel green labelling cancellation policies to ensure that land meeting certain conditions is developed among land designated as a development-restricted area nationwide in 2014. The land of the instant 1 and 2 meets such conditions, and thus, the land is subject to cancellation in the first order at the time of cancellation of green labelling, and is subject to cancellation within 2014.

“The Plaintiff purchased each share of land Nos. 1 and 2 under the condition of deregulation and cancellation of development restriction zones, and according to the news report published by the Ministry of Land, Infrastructure and Transport on March 5, 2014, the land Nos. 1 and 2 of this case is not subject to deregulation and cancellation of development restriction zones, and thus the Defendant’s obligation under the sales contract became impossible.

Therefore, this case's 1 and 2 share sales contract is cancelled by the delivery of the copy of the complaint of this case, and it is claimed that the restoration of the original claim and the payment of penalty are sought.

In full view of the purport of the entire pleadings, the statements in Gap's 3, 5, 9, 12, and 13 (including paper numbers) are written.

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