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(영문) 인천지방법원 부천지원 2017.01.20 2016가합100613
매매대금반환
Text

1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

1. Basic facts

A. On December 19, 2015, the Plaintiff entered into a real estate sales contract between the Plaintiff, Defendant B, and C as a broker of Defendant D, with the content that each real estate listed in the separate sheet (hereinafter referred to as “instant land” and the real estate listed in paragraph (2) of the separate sheet (hereinafter referred to as “instant building”) purchased KRW 1 billion in the purchase price (hereinafter referred to as “instant sales contract”) between Defendant B and C.

B. (1) The Plaintiff paid KRW 1 billion to Defendant B and C from December 19, 2015 to December 30, 2015, and completed the registration of ownership transfer on the instant land and building on December 30, 2015.

(2) On December 30, 2015, the Plaintiff paid KRW 6.5 million to Defendant D, and on the same day, paid KRW 50,165,520 as public charges, including acquisition tax, and fees for certified judicial scrivener.

C. (1) E from December 207 to December 2007, operated a restaurant under the trade name of “G store” with the husband who leased one of the instant buildings from the first floor to F.

(2) From around 2001 to the south of the instant land and building, H owns the Seo-gu Incheon Special Metropolitan City I to 243 square meters and above ground buildings (three floors of the steel dub roof) adjacent to the south of the instant land and building, and J, the husband of H, is operating the Hyundai Motor Service Center in its trade name, “K stores”.

(3) On the other hand, each form of the instant land and the shape of 243 square meters in Seo-gu Incheon Metropolitan City I is indicated below.

[2] Of the part of the land (the part protruding towards the land of this case within the four-dimensional square meters in the four-dimensional square meters in the following drawings) in Incheon, Seo-gu, Incheon, which is adjacent to the south of the land of this case: 【The land of this case’s dispute’s. 【The ground for recognition’ exists; 【The land of this case’s dispute’s 1 through 5, 7, Eul’s evidence 1, 2, Eul’s evidence 1 through 6, 8, 9, 10 (including each number of numbers).

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