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(영문) 울산지방법원 2014.12.04 2013가합16905
매매대금반환
Text

1. Defendant C’s KRW 355,000,000 as well as 5% per annum from May 22, 2013 to December 4, 2014 to the Plaintiff.

Reasons

1. Basic facts

A. The Plaintiff and Defendant C are in a friendly relationship with a middle school, a middle school, and D are the Plaintiff’s wife, and Defendant B is the Defendant C’s wife.

B. On April 30, 2004, Defendant B prepared a written confirmation of equity (hereinafter “instant written confirmation”) with the following contents to the Plaintiff, and on May 17, 2004, Defendant B completed the registration of ownership transfer with respect to the land 7,934 square meters in the name of Ulsan-gun, Ulsan-gun E, Ulsan-do (hereinafter “E land”).

The indication of a certificate of equity: E’s land (area: 2,400) is registered in the name of Defendant B, but in fact, Defendant B’s equity is 1/2, and the Plaintiff’s equity is 1/2, and will be transferred without any condition at the time of the request for the transfer of registration.

Defendant B (E) Hah on April 30, 2004

C. D on August 12, 2004, completed the registration of ownership transfer with respect to F forest land 37,686 square meters in Ulsan-gun, Ulsan-gun, and G forest land 5,554 square meters (hereinafter “H land”).

H Of the land, F forest land in Ulsan-gun is divided into 33,223 square meters of F forest land and 4,463 square meters of 15, 205, and 37,686 square meters of forest land in Ulsan-gun, Ulsan-gun.

E. On May 10, 2013, land E was divided into 1,653 square meters of forest E in Ulsan-gun, Ulsan-gun, J forest, 1,653 square meters of land, 1,653 square meters of K forest, 1,653 square meters of L forest, 1,653 square meters of land, M forest, 1,322 square meters of land.

[Ground of recognition] Gap evidence Nos. 1, 7, Eul evidence Nos. 2 and 3 (including branch numbers), the purport of the whole pleadings

2. The parties' assertion

A. The gist of the Plaintiff’s assertion was that the Plaintiff purchased H land between the Defendants and the Defendants, and the Defendants purchased the E land thereafter. In the event that the Plaintiff sells H land or the Defendants sells E land, the Plaintiff entered into a partnership business agreement with the content that the Defendants would pay half of the sales price of each land to the other party. The Defendants, on May 10, 2013, sold the divided land to the Jinju-gun, Ulsan-gun, Ulsan-gun, a total of KRW 840,00,000, KRW 840,000,000, KRW 1,653 square meters, Jin-gun, a total of KRW 1,653 square meters, KRW 1,653 square meters, and KRW 525,00,000, May 21, 2013.

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