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(영문) 광주고등법원 2018.11.21 2017나12270
매매대금반환
Text

1. Of the judgment of the court of first instance, the part against the plaintiffs regarding the amount ordered to be paid below.

Reasons

1. Basic facts

A. The Plaintiffs are engaged in the 1st floor of the building located in Gwangju Northern-gu, and tried to transfer the place of business by purchasing land suitable for the construction of a new building in the vicinity of the said domicile.

B. On June 2, 2016, upon introduction of Licensed Real Estate Agents D (Co-Defendant in the first instance trial), the Plaintiffs entered into a sales contract with the Defendant to purchase KRW 450,000,00 in a lump sum 38.02 square meters of the instant building (hereinafter “instant building”) on the ground, which is owned by the Defendant, for the purchase of KRW 145,000,000 in KRW 38.02 square meters of the instant building (hereinafter “instant building”) from the Defendant, and the Defendant entered into a sales contract with the Defendant on February 29, 2016, on the following grounds: (a) the time when the Defendant failed to pay the part of the rent by the due date, which is the obligation of the Defendant under the above sales contract; (b) the time when the payment was to be made, and (c) the Defendant entered into a new sales contract (Evidence A).

(hereinafter “instant sales contract”) was concluded.

C. After paying the Defendant the above purchase price of KRW 450,00,000 to the Defendant, the Plaintiffs completed the registration of ownership transfer as to each of the shares 1/2 shares in the Plaintiffs’ future on the grounds of sale and purchase as of June 2, 2016, on July 6, 2016.

Of the subject matter of the instant sales contract, the land in this case is 145 square meters [the land indicated in attached Form 1,2, 3, 4, 5, 6, 7, 9, 9, 100, 140 square meters in order to connect each point of 145 square meters on the register, and land category is also the site.

그러나 실제 현황은 별지 도면 표시 ㄴ, ㄷ, ㄹ, ㅁ, ㅂ, ㅍ, ㅌ, ㄴ의 각 점을 따라 담장이 설치되어 있고(이하 ‘이 사건 담장’이라 한다) 위 각 점을 차례로 연결한 선내 (가) 부분 104㎡만이 대지로 사용되고 있을 뿐이고, 별지 도면 표시 ㄴ, ㅌ, ㅍ, ㅅ, ㅇ, ㅋ, ㅊ, ㄱ, ㄴ의 각 점을 차례로 연결한 선내 (다) 부분 33㎡는 공로로, 별지...

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