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(영문) 울산지방법원 2014.07.25 2013가단30164
매매대금등반환
Text

1. Defendant C’s KRW 14,400,000 and the Plaintiff’s annual rate of KRW 5% from October 31, 2013 to July 25, 2014.

Reasons

1. Basic facts

A. On September 18, 2008, Defendant B completed the registration of ownership transfer for D forest land of 126,545 square meters and acquired it.

(hereinafter referred to as the "E" shall be entered only in the case of the land located.

Defendant C purchased approximately 10,00 square meters of the above land on June 5, 2009, and completed the registration of ownership transfer for the shares in the name of Nonparty F, G, or H, one of his own children or her seat, in the order of 26,446/126, 545, 3,306/126, 545, 3,306/126, 3,306/126/126,545 in the order of July 17, 2009.

C. On October 29, 2010, in the area of 126,545 square meters of D forest land, the area of 19,811 square meters of I forest land was divided into 19,81 square meters and 5,293 square meters of J forest land on March 9, 201.

On April 6, 2011, D forest land remaining after being divided as above is combined with 101,441 square meters and 1,981 square meters of I forest land. On May 7, 2011, K forest land was divided into 55,136 square meters in the land combined above.

[This is about 6,116 square meters for the area of D forest (20,000 square meters). D.

Defendant B transferred shares in D forest land to Defendant C on May 27, 201 due to the division of co-ownership, and completed the registration of ownership transfer to F, G, and H in order for shares in 74,789/126,5, 9,349/126, 545, 9,349/126,545, while Defendant B transferred shares in D forest land to Defendant C on the ground of the division of co-ownership.

(2) In this regard, F, G, and H become a title holder of a total of 66,116 square meters of forest land D). [Grounds for recognition] The fact that there is no dispute, Gap evidence 3-1 through 3, and the purport of the entire pleadings.

2. The plaintiff's assertion and judgment

A. The Plaintiff’s assertion (1) around October 201, 201, Defendant C entered into a contract with the Plaintiff to sell KRW 200,000 out of D forest to KRW 60,000,000, and Defendant B, as the actual owner of the said forest, granted the authority to act on behalf of the Defendant C to enter into such contract.

The Plaintiff paid 40 million won to the Defendants on the contract date as above.

(2) The Defendants agreed to allow the registration of ownership transfer for the smooth portion of the said forest which cultivated medicinal herbs pursuant to the original contract, and to obtain a permit for electric power resource housing, but refused to implement the said agreement.

The Plaintiff rescinded the above sales contract on the grounds of the Defendants’ breach of the commitment.

(3) Meanwhile, on the other hand.

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