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(영문) 수원지방법원 안산지원 2018.10.16 2018가단52726
매매대금반환
Text

1. The Defendant: (a) from April 19, 2018, to Plaintiff A, KRW 70,000, and KRW 60,000 to Plaintiff B, and each of the said money.

Reasons

1. Facts of recognition;

A. Each land listed in [Attachment 1] Nos. 1, 2, and 3 of [Attachment 1] is divided on October 14, 2014, when referred to as both D, E, F, and G (hereinafter referred to as “D, etc.,” and as seen thereafter, F’s successors also included) is classified as part of each land before subdivision in a sales contract and a decision of recommending reconciliation, etc., which are followed.

In this case, since the process of subdivision, etc. of the above land is not particularly problematic, it shall not be distinguished before and after subdivision for the convenience of discussion, but be stated only in each land listed in attached Table 1, 2, and 3.

Each of 1/4 shares was owned, and D is divided into each of the lands listed in attached Table 2(A) of attached Table 2 of each land listed in attached Table 2, and each of the lands listed in B(b) of the following after the sales contract and the decision of recommending reconciliation, which are subsequent to the decision of December 18, 2014.

(hereinafter referred to as “instant land” in attached Forms 1 and 2 was owned independently.

B. On April 11, 2006, H, I, J, and K (hereinafter “H, etc.”) refers to a sales contract for the purchase of the land of KRW 290 million including the instant land from D, etc. for KRW 870 million (hereinafter “the first sales contract”).

B and D paid 400 million won as down payment and intermediate payment to D, etc.

C. While H et al. intended to create a housing complex for the instant land, but it was difficult to maintain the first sale contract thereafter, H et al. joined the Defendant as a new investor.

On February 23, 2007, the Defendant acquired shares of H, I, and J and entered into an internal agreement with the Defendant to purchase the instant land instead of H such as H.

On February 28, 2008, the Defendant concluded a sales contract to purchase G shares in the instant land at KRW 250 million with the Defendant on February 28, 2008.

The defendant is compared to D, E, and F on May 12, 2008.

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