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(영문) 수원지방법원안양지원 2016.06.16 2014가합5093
건물명도 등
Text

1. The plaintiff (Counterclaim defendant)'s main claim and the defendant (Counterclaim plaintiff)'s counterclaim B are all dismissed.

2. The costs of lawsuit;

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. 1) D and E enter into an exchange contract between the Plaintiff and the Defendants: F on July 9, 2010, between D and F, are the only-gu G building in Gyeyang-gu (hereinafter “instant building”).

(2) On March 24, 2011, F entered into a lawsuit seeking the return of down payment, etc. against four persons, including D and E, by asserting the cancellation of a contract and the cancellation of a contract due to a breach of obligation or a mistake based on the warranty against the object of default or sale of D and E, and filing a lawsuit seeking the return of down payment against D and E, etc. as of March 25, 2011, as of March 24, 2011.

3) On April 26, 2012, the Plaintiff entered into an exchange contract with D and E’s agent H on April 26, 2012 with the effect that the Plaintiff transferred the ownership of Jel located in D and E, and that D and E transfer the ownership of the instant commercial building to the Plaintiff. 4) On October 15, 2012, the Plaintiff entered into a contract with the Defendants’ agent K and K on October 15, 2012 for purchase of KRW 352,880,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000 won.

5) After that, between K and K on November 30, 2012, the Plaintiff is a contract under which “each of the above sales contracts becomes null and void,” and the net value of the instant commercial building is KRW 81 billion, and the net value of KRW 350,259,000,000,000,000,000,000 won of the land before the division (hereinafter “instant exchange contract”).

The plaintiff and K are the exchange contract (Evidence A No. 2-1).

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