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(영문) 수원지방법원평택지원 2019.11.07 2019가합9271
매매계약 등 무효 확인
Text

1. On August 31, 2016, concluded between the Plaintiff and the Defendant as to the real estate indicated in the separate sheet.

Reasons

1. Basic facts

A. (1) AC Corporation implemented a housing site development project in accordance with the Housing Site Development Promotion Act at Pyeongtaek-si D, in around 2012. (2) The Plaintiff is a person who is supplied with a housing site for migrants in the housing site development project zone due to the expropriation of housing, land, etc. due to the implementation of the said project.

B. Around January 2014, F entered into a sales contract for the right of sale, the Plaintiff and the Plaintiff concluded a sales contract for the right of sale in the instant case with respect to the right of sale in the housing site to be supplied (hereinafter “instant right of sale”) to a premium of KRW 81,00,000 (except for the right of sale to be liable for the payment to the C Corporation) if the Plaintiff is selected as a person eligible for the supply of the housing site from the C Corporation in the future.

F around that time paid KRW 81 million to the Plaintiff.

C. On May 30, 2016, the Plaintiff entered into a sales contract with C Corporation and attached real estate marked with C Corporation (hereinafter “instant land”) for KRW 307,840,000 (hereinafter “instant sales contract”).

The methods for paying the sale price shall be as follows:

On May 30, 2016, the amount on the date of the separate payment agreement (original down payment) at the first intermediate payment of 30,784,000 on May 30, 2016, the second intermediate payment of 46,556,000 on November 30, 2016, and the second intermediate payment of 46,100,000 on May 30, 2017, the third intermediate payment of 46,100,000 intermediate payment of 46,10,000 intermediate payment of 46,10,100,000 intermediate payment of 5 intermediate payment of 46,10,000 intermediate payment of 40,000 intermediate payment of 5 intermediate payment of 30,50,100,000 remainder, total of 30,007,007, 30084,00 bank account: 30,00 bank account:

D. On May 19, 2016, the Defendant agreed to purchase the instant right of sale from the person under the name of Nonparty I, who was introduced by Nonparty I, to purchase the instant right of sale at KRW 130 million for the premium of KRW 130 million (except for the sales price that bears the obligation to pay the C Corporation). Around that time, the Defendant paid KRW 130 million to I. (2) On May 19, 2016, the Defendant remitted the down payment amount of KRW 30,784,000 as stipulated in the instant sales contract to the Plaintiff’s account (G and H) of the C Corporation in the name of the Plaintiff.

3..

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