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(영문) 서울중앙지방법원 2015.10.07 2014가합18068
매매대금반환
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. From November 2003 to December 2, 2009, the Defendant was the representative director of C Co., Ltd. (hereinafter “C”) with the aim of real estate consulting, real estate sales and agent business, etc.

B. On January 26, 2005, the Defendant completed the registration of ownership transfer under the name of the Defendant, which was based on the sale as of January 26, 2005, with respect to the area of 6843 square meters in Echeon-si D, Leecheon-si.

C. The above land was divided into E through F on March 7, 2005.

Around March 2005, Non-Party G recommended that part of the above land be purchased within a number of years because of the development support, such as the establishment of a new administrative city by the police station, government office, etc. and the J (hereinafter referred to as the “instant reconcilation file”) in the neighboring area of Echeon-si D and Non-Party I, who is the Plaintiff’s mother, the Plaintiff (the Plaintiff, regardless of whether before and after the opening of the opening of the name; hereinafter referred to as “Plaintiff”) and the Plaintiff’s mother, Non-Party G purchased part of the above land. The Plaintiff recommended to purchase part of the above land from the Defendant, who represented C on March 23, 2005, and concluded a sales contract with the seller, the Plaintiff, the purchaser, and the subject-matter D land of Echeon-si, the purchase price of which is KRW 130,68,900,00 (the price per 530,000 won).

E. On March 31, 2005, K 826§³ was divided into 396 square meters in Leecheon-si and 430 square meters in Leecheon-si (hereinafter “instant land”).

F. On March 31, 2005, the Plaintiff entered into a sales contract with the Defendant who representing C on behalf of his mother-child I (hereinafter “instant sales contract”). The instant sales contract is a contract replacing the sales contract on March 23, 2005.

The main contents of the instant sales contract are as follows.

The subject matter of the instant sales contract: A buyer: 67,60,000 won (i.e., 130 square meters x 520,000 won (i.e., contract amount): 5,000,000 won (i.e., 5,000 won).

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