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(영문) 광주고등법원 2016.04.06 2015나12887
매매대금반환
Text

1. The plaintiff's appeal against the defendants is dismissed in entirety.

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

purport, purport, and.

Reasons

1. Basic facts

A. The Plaintiff (the trade name of the Plaintiff around December 2013 was “the number of land owners of the stock company,” but thereafter, the trade name was changed to each other in the order of order in Doricheon-si, Dorisan, and the current trade name) concluded a sales contract between the Defendant Company and the Plaintiff Company (hereinafter “Defendant Company”) on December 27, 2013, setting the sales price of each of the real estate listed in the separate sheet No. 1 as KRW 3,910,00,000 among the real estate listed in the separate sheet No. 1; ② between the Defendant Company A and the sales contract, setting the sales price of each of the real estate listed in the separate sheet No. 2 as KRW 433,00,000, and ③ between Defendant B and the sales contract, setting the sales price of each of the real estate listed in the separate sheet No. 3 as KRW 347,00,000 (hereinafter each of the above sales contract was referred to as “each of the instant sales contract”).

B. Each real estate listed in the separate sheet No. 1 is a raw plant and its site, various machinery and equipment attached thereto and the right to permit water intake, etc., and each real estate listed in the separate sheet No. 2 and No. 3 is an adjacent site necessary for the operation of the above raw water plant.

C. According to each of the instant sales contracts, the Plaintiff paid Defendant Company KRW 1,230,00,000 as down payment and intermediate payment of KRW 391,00,000 as down payment, KRW 44,30,00 as down payment, and KRW 34,70,00 as down payment to Defendant A, respectively.

On April 9, 2014, the Plaintiff sent to the Defendant Company a written notice demanding the Defendant Company to resolve issues, such as transfer of graves located in each real estate listed in the separate sheet No. 1, provisional seizure of each real estate listed in the separate sheet No. 1, cancellation of the registration of creation of a neighboring mortgage, etc., and sent a peremptory notice to the same effect on June 12, 2014.

On August 18, 2014, the Plaintiff written statement to the effect that the instant first sales contract is revoked on the ground that the Defendant Company was unaware of the market price of real estate, was not performed due to the removal of graves, provisional seizure, and the cancellation of the registration of the establishment of a neighboring mortgage

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