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(영문) 인천지방법원 2015.10.21 2015가단204556
매매대금반환
Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. The following facts may be found either in dispute between the parties or in full view of the purport of the entire pleadings in each entry in Gap evidence 2, Gap evidence 4, and Eul evidence 1 to 5:

On June 17, 2008, the Defendant entered into a real estate development consulting contract with D Co., Ltd. (hereinafter “Nonindicted Co., Ltd.”). As to the 5,119 square meters of planned control areas among 13,19 square meters of F forest in Gyeyang-gu, Gyeyang-gu, Seoyang-gu, the Defendant owned by the Defendant, with respect to the land of this case, the Nonparty Co., Ltd. entered into a real estate development consulting agreement with the Defendant to take charge of the survey of the current status of the land, the analysis of rights

B. On June 17, 2008, the Defendant purchased 3,589 square meters of the above G forest from the Defendant, separately from the above consulting contract, from the non-party company, the non-party company purchased 814,150,000 square meters of the above G forest from the Defendant. The down payment of 100 million won is paid at the time of the contract, and the intermediate payment of 400 million won was concluded to pay the balance of 314,150,000 won to the non-party company on November 7, 2008, respectively. From June 17, 2008 to February 27, 2009, the non-party company paid the above purchase price of 814,150,000 won from the non-party company to February 27, 2009.

C. On January 28, 2009, from the aforesaid F forest land (hereinafter “land before division”), the said F forest land is divided into H on January 28, 2009, and the same year is again divided into H.

8. 7. The land was divided into 2,631 square meters in the above land, and the said I forest was divided into 247 square meters in J forest and 247 square meters in July 6, 2010 and 11 square meters in K forest and 2,373 square meters in each of the said I forest and 2,373 square meters in each of the said I forest.

The above I Forest land 2,373 square meters (hereinafter “instant land”) still remains as owned by the Defendant. However, on February 11, 2014, E applied for a compulsory auction to the High District Court for the same day, and the compulsory auction procedure was commenced to the same court L on the same day. The said land was sold on January 6, 2015.

2. The plaintiffs asserted as follows as the grounds for the claim of this case.

The Plaintiffs, on March 26, 2010, objection between the non-party company, for which the power of representation was granted by the Defendant.

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