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(영문) 서울고등법원 2015.10.29 2015나2010644
매매대금반환
Text

1. The defendant's appeal is all dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

Reasons

1. Facts of recognition;

A. On October 2006, the Defendant purchased each real estate listed in the attached list (hereinafter “D Licensed Real Estate Agent”) from E that actually operated “D Licensed Real Estate Agent” at K in Seoul Special Metropolitan City, Nowon-gu, and completed the registration of ownership transfer in the name of the Defendant on October 24, 2006 by purchasing KRW 412,00,000,000, and purchasing the instant forest as E’s brokerage, and completing the registration of ownership transfer in the name of the Defendant on October 24, 2006, by changing the form and quality of the land for the site of electric power resource site with the consent of the military unit, etc. with the consent of the military unit.

B. Around that time, the Defendant, E, and L develop and sell the instant woodland. The Defendant provided the instant woodland, and L completed the civil engineering works, etc. on the instant woodland, and E agreed to sell the instant woodland to others, and agreed to appropriate the construction cost, etc. necessary for the said development with the sale price paid after the conclusion of the sale contract.

C. After that, the Defendant paid E a total of KRW 100,000,000 as the expenses for authorization and permission for the development activities, etc. of the forest of this case between October 30, 2006 and December 15, 2006. On January 8, 2007, the Defendant issued his certificate of personal seal impression, blank delegation letter, etc.

Plaintiff

B A around January 11, 2007, between E and E who represented the Defendant, concluded a sales contract for the site of electric source with the content of purchasing KRW 1,322 square meters among the instant forest land at KRW 56,00,000,000, and upon consultation with E, the Plaintiff paid the purchase price in full by remitting the instant forest land from January 24, 2007 to L’s account. The Plaintiff purchased KRW 1,133 square meters among the instant forest land at KRW 55,00,000 between E and E who represented the Defendant.

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