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(영문) 대전고등법원 2015.12.16 2015나10798
매매대금반환
Text

1. Of the judgment of the court of first instance, the part against the defendant ordering performance exceeding the scope cited below.

Reasons

1. Basic facts

A. The defendant as the party is an executor who sold an urban-type residential house listed in the attached list (hereinafter referred to as “instant urban-type residential house”), and the plaintiffs are affiliated with A, B, C, and D in the instant urban-type residential house B Dong from the defendant among the urban-type residential house B Dong in the instant urban-type residential house B, and the entry corresponds to subparagraphs 1 and 11.

people who purchase shares shall be those who purchase shares.

B. 1) On July 30, 2012, Plaintiff A entered into a sales contract with the Defendant on July 30, 2012, the real estate listed in attached Table 1 (hereinafter “instant real estate 1”).

(2) The real estate listed in [Attachment 2] and [Attachment 2]

(2) On September 9, 2013, Plaintiff B entered into a sales contract with the Defendant to purchase the real estate in KRW 69,800,000 for each purchase price, and completed the registration of ownership transfer for each of the above real estate on September 13, 2013, and received delivery from the Defendant. (2) On June 25, 2012, Plaintiff B entered into a sales contract with the Defendant to purchase the real estate listed in paragraph (3) of the attached Table (hereinafter “instant Type 3 real estate”) with the Defendant, and completed the registration of ownership transfer for the said real estate on September 9, 2013, and received the said real estate from the Defendant.

3) On July 25, 2012, Plaintiff C and the Defendant indicated in paragraph 4 of the attached Table attached hereto (hereinafter “instant 4 real estate”).

(4) On July 26, 2012, the Plaintiffs concluded a sales contract with the Defendant to sell real estate in KRW 70,500,000 (hereinafter “instant 5 real estate”) with the content that the sales contract shall be concluded, and the said real estate shall be registered for ownership transfer on September 13, 2013, and the said real estate shall be delivered by the Defendant. (4) The Plaintiffs concluded a sales contract with the Defendant to sell the real estate in KRW 70,50,000 with the attached list (hereinafter “instant 5 real estate”).

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