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(영문) 서울동부지방법원 2017.02.02 2016가단108213
매매대금반환
Text

1. The plaintiffs' claims against the defendants are all dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. On March 30, 2006, the Plaintiffs and Defendant C entered into a sales contract with the Defendant C’s Gyeonggi-gun F (hereinafter “G”) of the Gyeonggi-gu Gyeonggi-gun owned by the Defendant C, indicating the forest land of 20,727 square meters (hereinafter “G”) as the subject of the sale.

(hereinafter “instant trade”). (b)

The sales price of this case is KRW 170,000,000, and the Plaintiffs paid KRW 40,000,000 to Defendant C as the down payment on March 30, 2006, KRW 100,000 as the intermediate payment on April 10, 2006, and KRW 30,000,00 as the remainder payment on April 11, 2006, respectively.

C. On May 11, 2006, Defendant C completed the registration of ownership transfer for each of the 1/2 shares of G in the future of the Plaintiffs.

Defendant D and E jointly run the real estate brokerage business as a couple, and the instant transaction was mediated.

E. The officially assessed individual land price in 2006 is KRW 44,563,050 (2,150 square meters x 20,727 square meters). The retroactively assessed assessment of the market price around March 30, 2006 is KRW 72,54,500.

[Ground of recognition] Facts without dispute, entry of Eul No. 3, the result of a request for appraisal of the market price with respect to appraiser H by this court, the purport of the whole pleadings.

2. The assertion and judgment

A. The Plaintiffs asserted that Defendant D and E displayed the ground before mediating the instant purchase and sale, and that the professor of the East National University displayed the ground of planting seedlings (hereinafter “profesing land”), and that the Plaintiffs concluded a contract with the professor’s land immediately following the instant purchase and sale, on February 25, 2016, with the intent to prepare for the old age by setting up a house for electric power generation and laying down seedlings later, and as such, the Plaintiffs concluded a contract with the professor’s land immediately following the instant purchase and sale (hereinafter “first land”). On February 25, 2016, the Plaintiffs came to the site to conduct a survey together with the employees of the Korea National Land Information Corporation, and came to know that the subject matter of the instant sale was a blind in mountain.

① Ultimately, Defendant C was the intent to sell G, but the Plaintiffs were the intent to purchase the first land, and the instant sale and purchase on the subject matter.

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