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(영문) 서울중앙지방법원 2014.09.26 2013가합78384
소유권이전등기 말소
Text

1. The plaintiffs' claims against the defendants are all dismissed.

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

Reasons

1. Basic facts

A. On May 9, 2013, Plaintiff A entered into a contract with Defendant C to exchange the said high-si land and No. 402 of the fourth floor of Gangdong-gu Seoul apartment building No. 121 (hereinafter “G apartment building”) owned by Plaintiff A (hereinafter “instant first exchange contract”) with the Defendant C, which became known as the result of the introduction of the employee E of the Hanyang-si Real Estate Brokerage Co., Ltd. (hereinafter “G apartment”).

The term "matters of special agreement" under the First Exchange Agreement of this case includes the following phrases:

A) A(Defendant C) and B(Plaintiff A) will conclude a contract after full review of the goods after checking the goods. A(including a broker) and B will not raise any objection to the value of the goods of each other after checking the goods (including a copy of the register, a description of the situation of the goods, and all other documents attached thereto) and B will not impose any civil or criminal liability on both parties (including a broker).

According to the first exchange contract of this case, on June 11, 2013, Plaintiff A completed the registration of transfer of ownership for Defendant G apartment, and Defendant C completed the registration of transfer of ownership for Goyang-si land to Plaintiff A on June 14, 2013.

C. Since then, Plaintiff A also acquired a square of the 16,324m of H forest land owned by Defendant D, which was known as the introduction of the above E (hereinafter “Yong-gun Forest land”).

Accordingly, on July 10, 2013, Plaintiff A, who represented Plaintiff B, entered into a contract with Defendant D on the exchange of the forest land in Gyeyang-gun and the 408th floor No. 408 (hereinafter “I apartment house”) of Gangdong-gu Seoul International Apartment No. 325, 408 (attached Form 2; hereinafter “I apartment house”) owned by the Plaintiff, and Defendant D paid KRW 30,000,000 of the exchange difference to Plaintiff B (hereinafter “instant second exchange contract”).

The term "matters of special agreement" of the second exchange contract of this case includes the same words as those of the first exchange contract.

No. 2. of this case

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