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Reasons
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(영문) 대전지방법원 2016.05.10 2015나106712
매매대금반환
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1. Revocation of a judgment of the first instance;

2. All of the plaintiff's claims are dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. The Plaintiff and the Defendants sold to F in 124,00,000 won 124,000, and on April 19, 2005, the ownership transfer registration of the instant real estate was made in F in relation to the instant real estate on the grounds of the said sale.

B. The above purchase price was paid in installments as “13,00,000 won for down payment on June 28, 2004, KRW 40,000 for intermediate payment on August 13, 2004, KRW 71,000 for the remainder payment on April 18, 2005, and KRW 71,000 for the remainder payment on April 18, 2005, and the Plaintiff and the Defendants issued a receipt to the above F on April 18, 2005 on the aggregate of KRW 124,00,000 for the above purchase price.

C. The Defendants, along with Nonparty H, were members of the “G clans Association” (this organization was registered as a clan around February 22, 2012; hereinafter “family clans”). From around around 2004, the said clans established and promoted a plan to build a charnel house for the group of the group of the group of the group of the group of the group of the group of the group of the group of the group of the group of the group of the group of the group of the group of the group of the group of the group.

The above charnel was completed on April 5, 2005, and the name of the plaintiff ("A") is included in the name of the family council in the front of the stone for the establishment of the above charnel, and the name of the 11th to 14th to 11th to 11th to 11th to 11th to mar.

In addition, the names of the plaintiff, defendant D, and B are distorted under separate items such as "man's status for the establishment of a charnel" at the bottom of the vision.

In the inside of a charnel house, the name of "K of 9 years and 10 years old L" and "K of 10 years old" is vague, and the latter part of "10 years old L" are installed in two remains.

E. The plaintiff's assistance is a net K, and the plaintiff's reference is consistent with the name stated in the above tin by the network L.

F. Around April 5, 2005, when the above charnel was completed, the above clan clan was removed from a charnel, and the Plaintiff’s wife, and the Plaintiff’s children were present.

[Ground of recognition] Unsatisfy, A(1) through (3)

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