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(영문) 전주지방법원 2014.01.24 2013가합4141
매매대금반환
Text

1. The Plaintiff (Counterclaim Defendant) filed KRW 12,50,000 with the Defendant (Counterclaim Plaintiff) B and C, respectively, and KRW 25,00,000 with the Defendant (Counterclaim Plaintiff).

Reasons

1. Basic facts

A. On December 12, 2008, the Jeonju Mayor: (a) designated and publicly announced as an urban development zone for the purpose of "An urban development project for the Jeonjin-gu Seoul Special Metropolitan City Urban Development Corporation (hereinafter referred to as the "Korea Land and Housing Corporation") and the project implementation period from December 12, 2008 to December 31, 2014, with the content that the project implementation method is the expropriation or use method under the Urban Development Act (hereinafter referred to as "the project development project of this case"), including each land listed in the attached list (hereinafter referred to as "the instant land"); and (b) established a development plan. According to the instant project plan, the entire land of this case is subject to expropriation.

B. Defendant B and C are married couple, and Defendant C and D are licensed real estate agents engaged in real estate brokerage business. On January 31, 2011, Defendant B and C paid the price upon receiving a decision to permit the sale of the instant land at KRW 185,280,000, in total, KRW 1/2 of the instant land.

C. On July 25, 2012, the Plaintiff purchased the instant land from the Defendants in the purchase price of KRW 469 million, and concluded a sales contract with the Defendants with the effect that the Plaintiff would deliver all necessary documents for the registration of the transfer of ownership to the Plaintiff upon the receipt of the intermediate payment and the remainder payment of KRW 60 million on the date of the contract, the intermediate payment of KRW 30 million on August 9, 2012, and the remainder of KRW 19 million on February 15, 2013, respectively. The said intermediate payment shall be paid to the Plaintiff by receiving the instant land from the financial institution as collateral, and the Defendants shall complete the registration of the transfer of ownership to the Plaintiff after the receipt of the intermediate payment.

(hereinafter “instant contract”). D.

On the date of the instant contract, the Plaintiff paid the Defendants the down payment of KRW 60 million, the intermediate payment of KRW 300 million on August 9, 2012, and KRW 59 million on February 15, 2013, and KRW 419 million on the remainder payment. Of the said intermediate payment, the Plaintiff paid KRW 190 million.

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