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(영문) 서울고등법원 (춘천) 2018.12.12 2018나706
매매대금반환
Text

1. All appeals filed by the plaintiffs are dismissed.

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

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

Reasons

1. Basic facts

A. Status A of the parties 1) The network A (hereinafter “the network”).

The land of this case is 9,850 square meters (hereinafter referred to as the “instant land”) of Gangwon-gun I forest land.

(2) Plaintiff B was the deceased’s husband, Plaintiff C, D, E, F, and G are children between Plaintiff B and the deceased. (2) Plaintiff B was actually operating K Co., Ltd. (hereinafter “K”) with the purpose of distributing, processing, selling, etc. agricultural products.

The defendant is a company that makes construction materials manufacturing and manufacturing business, etc. for each business purpose, such as architectural design and supervision business, and the corporation (hereinafter referred to as "O")

B. Around October 24, 2014, Plaintiff B recommended Plaintiff B to have a Korean-style hotel hotel on the instant land. While Plaintiff B accepted this, P is in need of an initial project cost, and Plaintiff B was unable to prepare more than KRW 300 million, among which the contract was not concluded, the deceased transferred KRW 20 million to P bank account, KRW 10 million on September 3, 2014, KRW 120 million on September 12, 2014, KRW 10 million on September 24, 2014, and KRW 40 million on October 24, 2014, KRW 300,000 on the instant land and KRW 130,00 on the ground (hereinafter “the value-added tax”) to the Defendant on October 28, 2014.

3) However, since there was no agreement between P and Plaintiff on early 2015 on early 2015 on early 2015, the contract was not concluded. (c) Around early 2015, J, who worked in the position of a vice president at P, etc. (i) the contract, etc. of this case, ordered the Plaintiff to enter into a design service contract with the Defendant, and would receive a loan from the Tourism Promotion and Development Fund of the Ministry of Culture, Sports and Tourism upon entering into said contract.

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