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(영문) 수원고등법원 2020.05.07 2019나13410
매매대금반환
Text

1. All appeals by the Defendants are dismissed.

2. The costs of appeal are assessed against the Defendants.

Purport of claim and appeal

1.

Reasons

1. Basic facts

A. On November 25, 2016, the Defendants and the co-defendant B of the first instance trial (hereinafter referred to as “the co-defendants of the first instance trial”) jointly owned with the Korea Asset Management Corporation, which is the agency managing the State-owned land, owned by the Republic of Korea and owned by the Republic of Korea in the vicinity of the fourth parcel of Jdong on November 25, 2016, jointly owned with the land of 885 square meters in Seongbuk-gu, Seoul, Seoul, G 46 square meters in large scale, H 61 square meters in size, and I large 46 square meters in size (hereinafter referred to as “the instant land”) and with the land of 296,075,000 square meters in terms of a sales contract (hereinafter referred to as “the instant land”).

B. Co-defendants of the first instance trial completed the registration of ownership transfer by reason of sale on November 25, 2016, with respect to each of the instant lands on December 20, 2016.

C. On February 9, 2017, the Plaintiff and the co-defendants of the first instance court purchased at KRW 4.7 billion in total the J-dong four parcels and each of the instant parcels of land (hereinafter referred to as “instant sales contract”).

The instant sales contract was concluded. The main contents of the instant sales contract are as follows: (a) 30 square meters in K 30 square meters in size (the instant land, transaction price of KRW 125,000,000,000 in KRW 46 square meters in transaction price of KRW 192,00,000 in size; (b) 49 square meters in transaction price of KRW 204,000 in size; (c) 61 square meters in size; (d) 25,000,000 in transaction price of KRW 7 square meters in volume of KRW 29,000 in transaction price; and (e) 29,000,000 in transaction price of KRW 46 square meters in volume of KRW 125,00 in size in the instant case; and (e) 00,000 in transaction price of KRW 46 square meters in the first place; and

2. The sales price of KRW 4.7 billion in the terms of the contract shall be paid at the time of the contract and the balance of KRW 4.23 million shall be paid at March 20, 2017.

3. According to the terms and conditions of the special agreement, a building registered by the Building Confirmation Board without permission on the instant land among the main issues of this case (hereinafter “instant unauthorized building”), and the seller did not claim the legal ownership after the remainder, and cooperate in the procedure for change of name on the Unauthorized Building Confirmation Board.

. Seller;

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