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Reasons
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(영문) 서울고등법원 2015.10.07 2014나48851
매매대금
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1. Of the judgment of the court of first instance, the part against the plaintiffs, which orders payment below, shall be revoked.

Reasons

1. Facts of recognition;

A. On June 12, 2010, the representative director of the Plaintiff Company A (hereinafter “Plaintiff A”) and the actual operator of Plaintiff B (hereinafter “Plaintiff B”) visited the Defendant’s business place located in the J of Gwangju-si, where the Korea Creative Industry Development Co., Ltd. (which appears to be a company with a certain relationship with the Plaintiff) came to purchase trees to be planted in a golf course that is created by making the I members of Gyeonggi-si as the business site for the business site, in order to purchase trees to be planted in a golf course that is created by the Plaintiff Co., Ltd. as the Plaintiff Co., Ltd. (hereinafter “Plaintiff A”).

At the time F was accompanied by pro-Japanese H and E, and through E, K and “F”, a de facto operator of the Defendant, sent out the sales price, etc. of the instant item (hereinafter collectively referred to as “where all the trees of the foregoing 4gs are referred to as “the instant trees”).

Accordingly, K made an answer to the purport that “it may sell the trees of this case in KRW 120 million.”

B. On June 15, 2010, the Plaintiff and the Defendant entered into a sales contract (hereinafter “instant contract”) with the Defendant on behalf of the Plaintiff (hereinafter “instant contract”) on the part of the Plaintiff (hereinafter “instant contract”) to purchase the instant trees at KRW 120 million by visiting the said Defendant’s place of business again with the Defendant’s place of business as of June 15, 2010 (see, e.g., Supreme Court Decision 200 million).

(2) Of the instant trees, the sales price of the instant trees was set at KRW 40 million, KRW 30 million, KRW 30 million, KRW 30 million, KRW 30 million, and KRW 20 million for KRW 1,000,000 for KRW 1,000 for KRW 20,000 for KRW 1,000 for KRW 20,000 for KRW 1,000 for KRW 1,00 for KRW 20,000 for KRW 1,000 for KRW 1,00 for KRW 20,000 for KRW

(hereinafter referred to as “the instant special agreement”). The trees sale contract from 1. to 5. (Omission)

6. The trees of this case will take place within 380 days from the date of the contract.

When the date is set, the seller shall handle it at his/her discretion.

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