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(영문) 수원지방법원안양지원 2014.10.08 2014가단102416
매매대금반환
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. The following facts may be found as a whole of the statements of the witness C and the statements of evidence Nos. 1, 2, 3, 5, and 6 (including paper numbers):

The Plaintiff and D are co-owners of reinforced concrete buildings (hereinafter collectively referred to as “Gelel”) which are five-story accommodation facilities of the E site and its ground in Chungcheongnam-si, Chungcheongnam-si, Chungcheongnam-si, and the Defendant is the owners of land H, I, J, and K (hereinafter referred to as “L land”).

B. On behalf of D, the Plaintiff entered into a contract with M on November 14, 2012 (hereinafter “instant exchange contract”) on behalf of the Defendant, which is the Defendant’s agent, to exchange Ma and L land (hereinafter “instant exchange contract”).

The contents of a specific exchange contract are as follows:

Real estate to be provided by the plaintiff and D and its details (hereinafter referred to as "A") Gel site area and building area shall be based on public records.

The defendant succeeds to the obligation of loans of KRW 800,000 to the National Bank.

The operation rights and facilities shall be included.

The Defendant’s real estate and its details ( “B”) L (27,375 square meters of forest land) shall succeed to the Plaintiff and D.

The actual transaction price shall be five hundred million won.

At the time of the contract, the transfer of ownership will be made after changing the name N at the seller's responsibility before the status of the defendant or the balance date, or the defendant will transfer ownership to the purchaser.

A (the plaintiff and D) provide B (the defendant) with "A" real estate and acquire "B" real estate, and B (the plaintiff and D) provide B with "B" real estate and acquire "A" real estate.

A and B shall succeed to the loan obligation existing in the counterpart real estate at the time of the contract at the time of the purchaser.

The reported amount of actual transaction is KRW 1.3 billion for the real property, and KRW 500 million for the real property.

A shall pay B the difference of KRW 75,000,000 as follows:

The payment of KRW 10,000,000 as down payment shall be made by November 25, 2012 on the day of the contract as the intermediate payment of KRW 20,000,000 until November 25, 2012.

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