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(영문) 부산지방법원 2016.03.04 2015가단208180
매매대금반환
Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. On July 28, 2014, the Plaintiffs concluded a sales contract (hereinafter collectively referred to as the “instant sales contract”) with respect to the Defendant (the Defendant’s trade name was “the total development of the business,” but was changed to the “stock company’s license and investment development” on July 30, 2014, and was changed to the current trade name on February 11, 2015) as follows.

(1) A contract date: (2) On September 11, 2014: 110 square meters among the instant land (363 square meters): 43,800,000 won (payment of KRW 600,000 on the contract date, and each payment of KRW 43,200,000 on September 43, 2014): (1) The contract date between the Plaintiff B and the Defendant; (2) on September 30, 2014; (3) The price of the instant land: 50,00,000 won (30,000 square meters): 20,000 won among the instant land; 30,000 won (payment of KRW 30,000 on October 1, 2014); and (3) the price of the instant land between the Plaintiff and the Defendant (payment of KRW 40,50,000 on September 23, 2014).

B. As to the instant land, on July 28, 2014, the registration of transfer of ownership was made for the same day on the same day on the same day, and thereafter, on October 23, 2014, with respect to the portion of 363/1652 out of the instant land as of October 23, 2014, the registration of transfer of ownership was completed on September 30, 2014 on the portion of 165/1652 as of September 30, 2014 in the name of Plaintiff C, which was caused by sale on September 30, 2014 in the name of Plaintiff C, on the portion of 216/1652 as of September 20, 2014 in the name of Plaintiff D, and 330/1652 shares in the name of Plaintiff B.

[Ground of recognition] Facts without dispute, Gap evidence 1, Gap evidence 2-1, Gap evidence 3-1, Gap evidence 3-2, and Gap evidence 4.

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