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(영문) 서울남부지방법원 2017.10.26 2016가단205131
매매대금반환
Text

1. All of the plaintiff's claims are dismissed.

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

Reasons

1. The following facts may be found either in dispute between the parties or in full view of the contents of Gap evidence 1-1-2, Gap evidence 2-7, Gap evidence 8-1-4, and witness D's testimony.

From June 9, 2003, 200 m24,099 m24,099 m2 (hereinafter referred to as “undivided forest”; hereinafter referred to as “G 00 m2”) forest in Chungcheongnam-gun, Chungcheongnam-gun, Chungcheongnam-gun, which is jointly owned by Defendant C and Nonparty E, the land of H on June 9, 200;

7.2. The I land and J land were partitioned, and on August 23, 2004, K, L, M, N,O, and P land were partitioned, and Q through R land was divided on April 27, 2005, and the same year.

7. On the 19th day of the same month, among the lands divided, L or R lands were combined, and the said F forest land remains more than 752m2m2.

B. Around June 2005, Defendant B Co., Ltd. (hereinafter “Defendant B”) purchased forest land before subdivision from Defendant C and E and changed the use of the said forest land to commercial land after consultation with Jinjin-gun, and promoted a project to create U village in the above forest land.

C. Nonparty D’s explanation from Defendant B’s agent V (the birth of the representative director) that when a district unit plan was formulated on the forest land before the division, it would be able to receive KRW 3 million per square year, with Nonparty C, etc., and was issued with the power of proxy for sale in the name of Defendant C, E, and the authority of proxy for sale in the name of Defendant C, and E.

D On June 24, 2005, between the Plaintiff and Defendant C, etc., concluded a sales contract with the Plaintiff to sell approximately KRW 100,000 out of 50,000 of the forest land before subdivision at KRW 150,000,000.

(hereinafter “instant sales contract”). D signed the instant sales contract and agreed as follows.

(hereinafter referred to as the “instant special agreement”) “Urban/Gun management plan” under the Act on the Utilization and Planning of Land by District” means the Special Metropolitan City, a Metropolitan City, and a Si.

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