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(영문) 대전지방법원 2019.11.27 2019가단103222
매매대금반환
Text

1. As to the Plaintiff A’s KRW 83,650,00, and KRW 23,900,000 and each of the said money, the Defendant shall start from February 19, 2019.

Reasons

1. Basic facts

A. On August 13, 2018, the Plaintiff and the Defendant entered into a real estate sales contract between the Plaintiff A and the Defendant (hereinafter “instant land”) with the introduction from D, a person working as an employee of the Defendant, and between the Defendant and the Defendant on August 13, 2018, the Plaintiff and the Defendant as the Defendant’s forest E-1,384,964 square meters in Sungnam-si

A) Of the above, the sales contract for real estate purchase of KRW 8,3650,000 for a part of KRW 1,157 square meters (hereinafter “the first sales contract of this case”).

(2) The Plaintiff A entered into a sales contract of this case with KRW 20 million among KRW 83.65 million under the sales contract of this case, and KRW 12.2 million, as of August 12, 2018.

8. Each payment was made to the Defendant in 13.

In addition, the Plaintiff agreed with the Defendant to substitute the payment of KRW 29.7 million, which was paid by the Plaintiff to the Defendant for the purchase of another land from the Defendant prior to the conclusion of the first sale contract of this case, and KRW 2,1.75 million, which was paid by the Plaintiff to the Defendant in terms of the registration expenses and fees.

B. Plaintiff B and the Defendant entered into a real estate sales contract between Plaintiff B and the Defendant, with the introduction from Plaintiff A and the Defendant on September 8, 2018, and with the Defendant on September 8, 2018, it constitutes a real estate sales contract with the content that the Defendant purchases KRW 330,000,000,000, which is a part of the instant land (hereinafter “instant secondary sales contract”). In addition, both the first sales contract and the second sales contract, “each of the instant sales contract” is deemed to be “each

(2) On September 4, 2018, Plaintiff B paid KRW 5 million out of the purchase price of KRW 23.9 million under the instant sales contract to the Defendant’s bank account.

In addition, Plaintiff B borrowed the remainder of KRW 18,90,000 from Plaintiff A, and Plaintiff A paid the said money from Plaintiff’s bank account to Defendant’s bank account.

C. The contents of each of the instant sales contracts are as follows.

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