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(영문) 서울중앙지방법원 2017.02.10 2015가단5305323
매매대금반환
Text

1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

1. Basic facts

A. E acquired the status to be supplied with the special supply of national housing to be built in Songpa-gu Seoul Metropolitan Government F as the housing owned by it was removed by an urban planning project (hereinafter “the occupancy right of this case”).

B. At around 2001, E transferred the right to move in in this case to G in KRW 26 million, and issued documents necessary for the right to move in, such as a letter of waiver of right, a certificate of personal seal impression, a certified copy of resident registration, and a certificate of the fact of transaction.

C. Since then, the right to move in in in this case was sold several times through the real estate business entity, and the purchaser of the right to move in in in this case was also subject to a provisional disposition that prohibits the disposal of the right to move in in in this case in order to preserve the right to request the change of the name of the purchaser to be acquired in the future against E. Of them, H was determined as Seoul Central District Court 2005Kadan78549 on June 13, 2005, and B on June 28, 2005 as Seoul Central District Court 2005Kadan84440 on June 28, 2005.

On September 10, 2005, the Plaintiff purchased the occupancy right of this case in KRW 180 million through Defendant D, a real estate business entity, and the Plaintiff also received a provisional disposition as the Seoul Central District Court Decision 2005Kadan107695 on October 18, 2005.

E. On October 18, 2005, I purchased the right to move into the instant case through the J, a real estate business entity, and paid the Plaintiff a down payment of KRW 20 million to the Plaintiff. On November 4, 2005, I paid KRW 180 million to the seller of the sales contract prepared at the time. The seller of the sales contract at the time is “EJ” and the buyer is “I”.

F. E applied for special supply of national housing constructed in F, but the head of the Seoul Special Metropolitan City, which revealed that E transferred the right to move in in in the instant case to another person, was null and void on June 12, 2007.

G. I purchased the right of occupancy from the Plaintiff as Seoul Western District Court 2009Gahap1146 against the Plaintiff.

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