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(영문) 의정부지방법원 2015.12.11 2014가합51616
매매대금반환 등 청구의 소
Text

1. The Defendants jointly share KRW 6,00,000 with respect to the Plaintiff and the period from July 16, 2015 to December 11, 2015.

Reasons

1. Facts of recognition;

A. On May 4, 2005, through Defendant D, an agent of Defendant B and C, the Plaintiff purchased a specific portion of KRW 1,000 in the purchase price of KRW 20,000,00 from Defendant B and C, and KRW 5,149 square meters in Seosan City owned by Defendant B and C, and KRW 20,558 square meters in installments. On the date of the contract, KRW 200,000 in the intermediate payment of KRW 120,000 in the intermediate payment of KRW 60,000 on May 6, 2005, the remainder of KRW 60,000 in the remainder, and the remainder of KRW 60,00,00 in the purchase of the above land after the survey, the Defendant B and C, the seller of which, in the event of a grave located in the land after the purchase of the said land, concluded a sales contract with the Plaintiff’s remainder of KRW 5,500,00 in the purchase price (hereinafter “the sales contract”).

B. On May 6, 2005, the Plaintiff paid Defendant B a sum of KRW 140,000,000 for down payment and intermediate payment. Of the instant sales amount, KRW 5,000,000 was reduced, and Defendant B paid the remainder of KRW 55,00,000 on June 29, 2005.

C. On June 30, 2005, Defendant B and D drafted a letter of undertaking to perform their obligations when there is a grave in the instant land to the Plaintiff. D.

On July 5, 2005, E forest land, including the instant land, was merged into F forest land on July 5, 2005. Of F forest land, 3,306 square meters of the said F forest was divided into G forest on July 5, 2005, and the Plaintiff completed the registration of ownership transfer on July 5, 2005 with respect to G forest land divided into 3,306 square meters (hereinafter “instant land”).

E. Meanwhile, within the instant land, two graves (hereinafter “instant grave”) were located in the 15th and 24th of the annexed drawing indicating the instant land. However, the Defendants completed the instant grave from July to August, 2015, which was the date of the instant lawsuit.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 through 4 (including each number in the case of additional number), the result of appraiser H's survey and appraisal, the purport of the whole pleadings.

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