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(영문) 수원지방법원 2015.12.24 2014가합6803
매매대금반환
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. On May 1, 2009, the Plaintiff entered into a sales contract to purchase KRW 1527.28 square meters and its ground-based buildings of KRW 1.065 million among the 2,644 square meters in Yong-gu, Young-gu, Jung-gu, and Yong-si, and paid KRW 500 million in total to C on May 1, 2009 and the intermediate payment of KRW 200 million on May 30, 2009.

B. On August 29, 2009, the Plaintiff concluded a sales contract to purchase KRW 2,995 square meters of the purchase price (hereinafter “instant land”) for KRW 1.2 billion with F representing E and the Defendant clan as the seller of the Defendant clan (hereinafter “instant sales contract”).

C. The Plaintiff agreed to substitute F and the Plaintiff’s payment of the intermediate payment under the instant sales contract to C, and additionally, F paid KRW 120 million of the down payment and the intermediate payment of KRW 120 million on August 28, 2009, KRW 400 million of the remainder on January 10, 2010, KRW 50 million of the remainder, and KRW 45 million of the remainder on June 1, 2010.

Accordingly, the Plaintiff paid F a total of KRW 115 billion to F with the purchase price under the instant sales contract. D.

After that, Defendant clan sold the instant land to H on August 23, 2010 and completed the registration of ownership transfer on October 5, 2010.

E. Meanwhile, the Plaintiff was returned KRW 700,000,000 from F.

[Reasons for Recognition] Unsatisfy, Gap 1, 2, 3, and 6 evidence (including branch numbers; hereinafter the same shall apply), the purport of the whole pleadings

2. Determination on the cause of the claim

A. The plaintiff's assertion that he entered into a contract with a person with the authority to execute the contract of this case was impossible to execute the contract of this case because the defendant clan sold the land of this case to H and completed ownership transfer registration, although the plaintiff entered into the contract of this case with F who is the representative of the defendant clan or the representative of the defendant clan, and paid the purchase price accordingly, although he paid the purchase price, the defendant clan sold the land of this case to H.

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