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(영문) 의정부지방법원 2018.11.15 2017가합53019
원상회복 등 청구의 소
Text

1. The defendant on Oct. 1, 2008, as to each real estate listed in the separate sheet No. 1 list from the plaintiff.

Reasons

1. Basic facts

A. On September 9, 2008, the Plaintiff entered into a contract with the Defendant to purchase each of the real estate listed in the separate sheet No. 1, which is owned by the Defendant for KRW 500 million (hereinafter “instant sales contract”).

B. Each real estate listed in Articles 3 and 4 of the attached Table 1 list is indicated as one real estate with the content of “106.02 square meters and 87.00 square meters and Do-dong,” at the time of the instant sales contract, as at the time of the instant sales contract, each of the real estate listed in the attached Tables 3 and 4, but was changed as shown in the attached Tables 3 and 4 due to the division around March 17, 2015.

(2) Each real estate listed in the separate sheet Nos. 3 and 4 of the separate sheet No. 1 shall be “each real estate of this case,” and the real estate listed in the separate sheet No. 3 and 4 shall be “the building of this case,” and the real estate listed in the separate sheet No. 1 of this case shall be “the land of this case,” and the real estate listed in the separate sheet No. 1 of this case shall be “the land of this case.”

On September 9, 2008, the Plaintiff paid the Defendant a down payment of KRW 50 million, and the remainder of KRW 450 million on October 6, 2008, respectively. The Plaintiff completed the registration of ownership transfer (No. 30248, Oct. 7, 2008, hereinafter “instant ownership transfer registration”).

On March 11, 2015, the Plaintiff sold each of the instant real estate to E, and the Plaintiff completed each registration of ownership transfer on April 8, 2015.

E, around March 2017, the part of the attached Table 3, which was known as a part of the instant land, connected with the points of 6,7,8,9,10,11, 12, 13, and 6 in sequence, among the attached Table 3 appraisal maps, was known that the part of the instant land was part of 358 square meters (hereinafter “instant part”) of the adjacent land, which was part of the neighboring land,.

E. On May 2017, E cancels the contract concluded between the Plaintiff and the Plaintiff on March 11, 2015 with respect to each real estate of this case, and KRW 50,000,000 for damages.

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