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(영문) 서울고등법원 2016.07.15 2015나2063716
계약취소 및 매매대금반환
Text

1. The plaintiff (appointed party)'s appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff (Appointed Party).

Reasons

1. Basic facts

A. B is a company established for the purpose of real estate sales business, etc., and owned 23,140 square meters of J-gun, Gyeonggi-do (hereinafter the instant land is deemed land, and the area was reduced to 13,98 square meters due to the division on October 30, 2012) and 3,592 square meters of K forest (hereinafter the instant land is deemed land 2, and all of them were owned by each of the instant land).

On the other hand, the defendant is a company established on June 7, 201 for real estate trading business.

B. The Plaintiff and the designated parties D, E, F, G, H, and I (hereinafter both of them) entered into a contract with B to purchase some shares of each of the instant land from December 16, 2010 to September 28, 201 as indicated below (hereinafter each of the instant sales contracts) and paid the purchase price in full.

On May 4, 2011, Plaintiffs 3, 201, 203, 203, 30, 201, 208, 30, 200, 200, 9,00, 165, 30, 200, 30, 208, 20, 20, 30, 208, 20, 20, 30, 20, 30, 20, 20, 30, 20, 208, 20, 30, 206, 30, 208, 20, 206, 30, 206, 208, 30, 205, 206, 206, 36, 206, 306, 206, 206, 18, 2011.

C. Each of the instant lands is a mountainous district for forestry use, where it is impossible to construct general housing, factories, etc.

Nevertheless, while entering into each of the instant sales contracts with the Plaintiff, the Plaintiff et al. made a false statement that each of the instant lands is a place where a electric source house, apartment house, etc. can be newly constructed, and the Plaintiff et al.

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