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(영문) 대전지방법원 2016.06.21 2015가단225988
양수금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. The Plaintiff’s assertion F decided to purchase the G site 29,514 square meters (hereinafter “instant land”) from the Defendants from the Defendants on March 2014, and paid KRW 100 million in total with the purchase price on March 5, 2014, and KRW 50 million on April 25, 2014.

The Defendants and F concluded a sales contract on April 3, 2014 with KRW 100 million already paid as the down payment.

(2) On May 4, 2012, the Defendants concluded a sales contract with the U.S. Co., Ltd. (hereinafter “S.”) on the instant land on May 4, 2012, and transferred the ownership of the instant real estate to U.S. on December 19, 2014.

Since the contract was in progress with the United Kingdom at the time of the contract of this case, the contract of this case was null and void.

Therefore, F has the right to claim the return of the down payment already paid to the Defendants by restitution following the invalidity of the instant sales contract.

On January 21, 2015, the Plaintiff acquired the above right to claim the return from F, and was delegated the F with the power to notify the transfer, and notified the Defendants of the transfer.

Therefore, the Defendants are jointly and severally liable to pay KRW 100 million and damages for delay to the Plaintiff.

2. Whether the contract is invalidated and the right to claim restitution;

A. 1) The I Senior Citizens Association (36 members, J, etc., of the I Senior Citizens Association) composed of residents in Yongsan-gu Seoul, Yongsan-gu, Seoul, completed the registration of ownership transfer with J, K, L, and M’s co-ownership on May 27, 1975 to create a private cemetery to be buried ex post by their and their descendants, after purchasing the instant land and completing the registration of ownership transfer with permission for graveyard creation on that ground.

Defendant B’s organization is a non-legal entity established in order to promote friendship between its members by making 36 members, such as the J, etc. and their lineal descendants as its members, and to maintain and manage the instant land and graves, facilities, etc. on the ground thereof.

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