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(영문) 대전지방법원홍성지원 2016.08.17 2016가단4877
임야대금반환청구
Text

1. The plaintiff's claim is dismissed.

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

Reasons

On November 22, 1999, the Plaintiff entered into a sales contract with C, an agent of the Defendant, and 608,443 square meters of 33,058 square meters of Do Forest, Dosan-si (hereinafter “instant real estate”), and paid C the purchase price of KRW 50 million around November 29, 199. The Plaintiff asserted that the Defendant breached the obligation to implement the procedure for the registration of ownership transfer, and filed a claim against the Defendant for payment of KRW 50 million of the said purchase price and delay damages therefor.

However, in light of the statements in Gap 5 and Eul 1, the evidence submitted by the plaintiff alone is insufficient to recognize the fact that the plaintiff entered into a sales contract with "C which has obtained legitimate power of representation from the defendant," and accordingly, the plaintiff paid 50 million won to "C which is the defendant's representative," and there is no other evidence to acknowledge it.

The plaintiff's claim is dismissed on the ground that it is without merit.

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