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(영문) 대전지방법원 2014.10.16 2013가단52629
매매대금반환등
Text

1. The Defendants are jointly and severally liable to the Plaintiff for KRW 74,00,000 and KRW 20,000 among them, from May 10, 2012.

Reasons

1. Basic facts

A. The Defendants, as the parties, purchased the price of KRW 14,77m2, E prior to E, 793m2, and F site amounting to KRW 1,456,00,000,000 in a housing site prior to the division, and run a business in which the said land is divided into a housing site and sold in lots. The Plaintiff is the purchaser who entered into a sales contract with the Defendants on a part of the housing site.

B. After dividing a G forest into 3,442 square meters, H forest, 887 square meters, 109 square meters of J forest, and 1,021 square meters of land in the 14,777 square meters of land in the Si/Gun/Gu where the subject matter of sale is divided, the 9,559 square meters of D forest are subject to registration conversion into 9,559 square meters of K forest, and the 3,446 square meters of land in the above 3,446 square meters of land due to the change of administrative district name was subject to registration of 3,446 square meters of land in Sejong Special Self-Governing City.

C. On May 10, 2012, the Plaintiff concluded a contract with the Defendants to purchase 4.21 square meters of D forest land (attached Form 11,335 square meters of land) from May 10, 2012 at KRW 67.5 million, and the down payment of KRW 20 million on the date of the contract, the intermediate payment of KRW 34 million on May 29, 2012, and the remainder of KRW 13.5 million on the delivery of documents required for ownership transfer registration and the delivery of subject matter of sale at the same time as on June 15, 2012.2) The Plaintiff agreed to adjust the remainder payment on the date of the contract to pay the remainder when the area of the subject matter of sale changes in the area of the subject matter of sale at the time of the civil works completion and subdivision.2) The Plaintiff transferred the down payment of KRW 20 million on the date of the contract, and the intermediate payment of KRW 30 million on May 34, 2012.

1) The instant secondary sales contract was concluded between the Plaintiff and the Defendants on July 4, 2012. 2) As D forest, which is the object of the instant primary sales contract, was divided into 3,446 square meters of K forest and 3,446 square meters of land, the ownership transfer registration was completed in Defendant C’s name as to K forest and 3,446 square meters of land. Accordingly, the instant secondary sales contract was concluded between the Plaintiff and the Defendants on July 4, 2012.

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