(영문) 광주지방법원순천지원 2016.11.17 2015가합13646

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(영문) 광주지방법원순천지원 2016.11.17 2015가합13646

계약해제로 인한 원상회복 청구 등

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1. The plaintiff's claim is dismissed.

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

Reasons

1. The parties' assertion

A. Plaintiff 1) around March 2008, the Defendant: (a) around March 2008, D forest land 21,231 square meters owned by the Defendant (hereinafter “instant real estate”) to C.

(2) The Defendant, on April 9, 2009, completed the registration of ownership transfer with respect to the instant real estate to E, thereby selling the purchase price and receiving KRW 320,000,000. However, the Defendant’s obligation to transfer ownership to E was impossible.

3) On August 3, 2013, C died. The Plaintiff solely inherited all rights related to the instant real estate, including the status of purchaser C as a purchaser, termination of contract, and damage claim. 4) Accordingly, the Plaintiff cancels the sales contract between the Defendant and C by delivery of a duplicate of the instant complaint, and sought payment of KRW 320,000,000 to the Defendant.

B. The defendant sold the real estate of this case to the plaintiff and F in a partnership relationship other than C, and the defendant completed the registration of ownership transfer to F's wife upon the request of the plaintiff and F.

2. First of all, we examine whether a sales contract for the instant real estate was concluded between C and the Defendant.

The fact that the Defendant received KRW 183,300,000 from the account in the name of C on March 6, 2008, and KRW 110,000,000 on May 28, 2008 is no dispute between the parties.

However, the above facts alone are insufficient to recognize that a sales contract was concluded between the defendant and C, and there is no other evidence to acknowledge it.

Rather, in light of the following circumstances, it seems that a sales contract for the instant real estate was concluded between the Defendant, the Plaintiff, and the F.

① There is no sales contract between the Defendant and C.

② From March 208, 2008 to September 3, 2013, the date of signing the contract, C seems to have requested the Defendant to register the ownership transfer of the instant real estate, or not raised any objection to the registration of the transfer of ownership in the name of E.

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