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(영문) 대구지방법원 서부지원 2018.03.22 2016가단58519
매매대금반환
Text

1. The Defendant’s KRW 80 million and the Plaintiff’s annual rate from March 31, 2010 to September 23, 2016, as follows.

Reasons

1. Facts of recognition;

A. The land on 13 lots, including D, 347.1 square meters, located in the Gyeongdong-gun, Gyeongbuk-do (hereinafter collectively referred to as “the land owned by the clan”) is land divided into 3771 square meters, F, 428.3 square meters, and D large 1383.2 square meters, and the G clan-friendly association (hereinafter referred to as “JU”) formed a title trust with some members of the clan.

B. On May 28, 2006, a closed-class society organized a contract with H to color a person who will purchase land, etc. owned by the closed-class society for a closed-class society and to have the buyer enter into a direct sales contract with the closed-class society. The amount exceeding the amount agreed upon between H and the closed-class society during the process of concluding the sales contract shall be delegated to H exclusive sales authority for the land, etc. owned by the closed-class society so that H can cover transaction merit pay or litigation expenses. On May 28, 2006, with regard to the land, etc. owned by the closed-class society, the seller entered into the closed-class society, the buyer, the sales price of which is KRW 1,50,000 (hereinafter “first-class contract with the closed-class society”).

C. On June 15, 2006, the Defendant prepared a contract with H as to the land, etc. owned by the relatives’ meeting as to the seller, and the buyer as to the land, etc. owned by the relatives’ meeting KRW 2,18,200,000, the down payment of KRW 80,000,000 on the date of the contract, and the remainder amount of KRW 2,038,200,000 on the day of the contract, shall be paid when the documents necessary for the registration of the transfer of ownership have been prepared, and the procedure for the transfer of ownership and the remainder payment period shall be as of July 31, 2006 (hereinafter “second contract with the Defendant”) and paid KRW 340,90,000 in total to H from the time of signing the contract to February 5, 2008.

H is based on the increase in the burden of expenses due to the refusal of the registration of transfer of ownership by the members of the clan entrusted in name from the clan and the objection of the members of the clan to the purchase price of the first contract with the clan clan.

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