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(영문) 제주지방법원 2016.08.18 2015가합11096
전부금
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

Facts of recognition

A. 1) C and the Defendant are forest land D in Jeju City (hereinafter “instant land”).

Around March 31, 2014, E, F, and G agreed to jointly purchase the instant land with the Defendant and entered into a sales contract with H to purchase KRW 4,327,050,000 from the Defendant. H received KRW 1,350,000,000 from around that time until June 15, 2014 as the sum of the down payment and the down payment and the down payment during several times from that time to June 15, 2014. (2) However, the instant land was subsequently expropriated in I.

The Defendant filed a lawsuit against H seeking the return of the down payment and intermediate payment already paid against H on the ground that “I have acquired all rights (such as the return of the purchase price, etc.) pursuant to the instant sales contract from E, F, and G on March 24, 2006, and the instant sales contract became null and void due to cancellation or rescission of the contract due to fraud.”

(3) On October 26, 2007, the following adjustment was concluded in the above litigation on October 26, 2007. The Defendant received money from H to order payment from H in the conciliation. H, J, and K (hereinafter “H”)

(2) The Plaintiff shall be jointly and severally paid to the Defendant KRW 850,00,000, and the amount of KRW 150,000,000 until December 31, 2007, KRW 75,000,000 until June 30, 2008, KRW 75,000,000 until December 31, 2008, and KRW 75,000,000 until June 30, 200, KRW 75,000,000, and KRW 700,000,000, KRW 75,000,000, KRW 75,000 until December 30, 200, KRW 75,000, KRW 75,000, KRW 3000, KRW 305,01, 205, 201, 2005.

2. On June 16, 2015, the Plaintiff was from the Jeju District Court.

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