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(영문) 대전지방법원 2014.11.06 2013가합9448
매매대금반환
Text

1. The defendant shall pay KRW 500,000 to the plaintiff.

2. The plaintiff's remaining claims are dismissed.

3. Of the costs of lawsuit.

Reasons

1. Basic facts

A. On January 13, 201, the Plaintiff and the Defendant, who called the agent of the clan C (hereinafter “non-party clan”), entered into a real estate purchase agreement with the non-party clan with approximately KRW 3305 square meters (hereinafter “the instant forest”) among the non-party’s 128,724 square meters of the Daejeon Seosung-gu D Forest (the non-party’s 5,951 square meters of forest E and the 3,306 square meters of F forest land are divided; hereinafter “the instant forest”). On the same day, the Plaintiff paid KRW 50,000,000 to the Defendant as a pre-sale deposit.

B. On March 201, the Plaintiff purchased from the Defendant the amount of KRW 3306 square meters for the purchase price (hereinafter “instant sales contract”) of KRW 500 million, which was divided from the Defendant in the instant forest, for KRW 3306 square meters (hereinafter “the instant real estate”). However, the Plaintiff paid KRW 50 million to the Defendant according to the instant sales promise, as the purchase price for the instant sales contract, and the Defendant received the registration of ownership transfer with respect to the instant real estate from the non-party clan at the same time as the Plaintiff received the registration of ownership transfer from the non-party clan, and made the registration of ownership transfer claim to the Plaintiff or the person designated by the Plaintiff.

C. The Plaintiff paid the Defendant the purchase price in KRW 10 million on March 16, 201, KRW 100 million on March 28, 2011, KRW 250 million on March 30, 201, and KRW 40 million on March 30, 201.

On March 23, 2011, the Defendant purchased the instant real estate from the non-party of the Daejeon Seo-gu E forest and the instant real estate divided from the non-party of the same clan, and completed the registration of ownership transfer for the instant real estate on April 1, 201.

E. On April 1, 2011, the Defendant made a provisional registration (hereinafter “instant provisional registration”) with respect to the instant real estate to G designated by the Plaintiff pursuant to the instant sales contract.

[Ground of recognition] Facts without dispute, Gap 1, 5, 6, 7, 8, Eul evidence Nos. 1, 5, and 6, and arguments.

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