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(영문) 서울고등법원 2015.12.24 2015나2044081
매매대금반환
Text

1. Of the lawsuits of plaintiffs A and F that have been changed in exchange at the trial of the Party:

A. The Plaintiff A’s Jung-gu Incheon Jung-gu Tranchison 2,037 square meters.

Reasons

1. Basic facts

A. 1) H on August 6, 2004, on the part of the Defendant and the Defendant’s non-indicted 82,977 square meters (around 25,100 square meters; hereinafter “instant real estate”) and KRW 20,000 square meters (around 25,100 square meters) owned by the Defendant and the Defendant, and only Dong and lot number shall be stated if the individual real estate

A) The sales contract shall be purchased at KRW 3.765 million (calculated as KRW 1.5 million per square year), and the contract deposit shall be paid at KRW 380 million on September 15, 2004, the intermediate payment of KRW 753 billion on October 15, 2004, the intermediate payment of KRW 753 billion on October 15, 2004, and the remainder of KRW 1.879 billion on December 6, 2014 (hereinafter “instant sales contract”). The sales contract shall be concluded to pay KRW 1.80 million on December 6, 2014 (hereinafter “instant sales contract”).

2) H borrowed 1.277 billion won from the Plaintiff and paid part of the purchase price to the Defendant.

3) After dividing the instant real estate into fifty-two parcels without full payment of the purchase price, H agreed on December 14, 2004 that “The remainder payment period for the remainder of twenty-six parcels shall be 14,955,300,000,000 won, which was 2.5 billion won for the remainder of the purchase price, shall be 3 billion won for the Defendant on January 30, 2005 (i.e., the remainder of KRW 1.75 billion for the remainder of the purchase price, and KRW 4 billion for the remainder of KRW 2.5 billion for the remainder of KRW 3 billion for the remainder of KRW 3 billion for the payment of the purchase price to the Defendant on January 30, 2005 (i.e., the remainder of KRW 3,150,000,000,000 won for the remainder of KRW 3.5 billion for the payment to the Defendant on August 6, 2004).

B. Around April 11, 2005, H and the Defendant were to revise the instant sales contract to the Defendant on the following grounds in the course of the resale of the instant real estate by dividing the instant real estate by a 1H, including the rescission of a sales contract.

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