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(영문) 수원지방법원 2017.10.26 2016나76312
투자금반환 등 청구
Text

1. The plaintiff's appeal is dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. Facts of recognition;

A. On July 7, 2009, the Defendant concluded a sales contract with the Korea Land and Housing Corporation (the Korea Land and Housing Corporation was merged with the Korea Land and Housing Corporation on October 1, 2009, and became the Korea Land and Housing Corporation; hereinafter collectively referred to as the “Korea Land and Housing Corporation”) to pay the sales price of KRW 5,012,250,000 for the sale price for the H 1,025 square meters (No. 23-2, hereinafter referred to as the “instant land”) at the time of light name and light name, and paid the said down payment on July 7, 2010 (hereinafter referred to as the “instant sales contract”).

B. On July 8, 2009, the Defendant received 170,000,000 won from the Plaintiff (the Plaintiff’s name) and 165,612,50 won from D for the purpose of raising the down payment for the instant sales contract.

C. The Plaintiff, the Defendant, and D (hereinafter referred to as “Plaintiff, etc.”) who prepared the down payment of the instant sales contract together with the down payment in the instant sales contract, to the extent that the status of the parties overlap, were not sufficient to pay any balance arising from the instant sales contract, and to recover part of the down payment amount of KRW 501,225,000 by selling the instant land (hereinafter “instant sales contract”).

Accordingly, on August 10, 2010, the Plaintiff, who was delegated with the authority to resell by the Defendant and D, entered into a resale contract with the Defendant to receive KRW 5,012,250,000 of the purchase price with respect to the right to sell the instant land between E and F (hereinafter “E, etc.”), and with respect to KRW 501,225,00 of the down payment already paid by the Defendant, the intermediate payment of KRW 100,000 on the date of the contract, and the intermediate payment of KRW 100,000 on September 10, 2010, and the remainder of the remainder, on the land stipulated in B-1-1 of the daily life countermeasure site in C (hereinafter “instant resale contract”).

(A) According to the statement of evidence No. 5, the plaintiff stated his name in the seller's representative's name.

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