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(영문) 수원지방법원안양지원 2019.06.14 2017가합103493
매매대금반환
Text

1. The defendant,

A. As to the portion 1,322/12,236 out of the land size of 12,236 square meters in Echeon-si, Leecheon-si.

Reasons

1. Basic facts

A. On May 4, 2012, the Plaintiff signed a sales contract for land C (E) on May 4, 2012 (hereinafter “E”).

1) Of the 12,236 square meters of C Forest land in Echeon-si, 12,236 square meters, 12,232/12,236 shares (hereinafter the above land is referred to as “instant land C” and the above shares are referred to as “instant C land share

(2) The sales contract for the purchase price of KRW 108,00,000 (a contract deposit of KRW 10,000,000, the balance of KRW 98,000,000) is purchased, and the delivery date is the same as that of May 10, 2012 (hereinafter “instant sales contract”).

(2) The Plaintiff and E concluded the instant sales contract, and the Plaintiff and E set out a special agreement that “400 square meters shall be divided on the basis of the boundary of this real estate and F,” and that “In-house director G, the representative of E, prepared a letter of performance that they will perform the said special agreement to the Plaintiff.”

3) According to the sales contract of this case, the Plaintiff paid KRW 108,00,000 to E, and on May 10, 2012, E concluded a sales contract for the share transfer registration with respect to the share of land C with respect to the Plaintiff on May 10, 2012. (B) On September 26, 2012, the Plaintiff concluded a sales contract for the share of land C with respect to 62/2,530 square meters among E and 2,530 square meters of forest land in Chuncheon-si (hereinafter referred to as “instant land”; and the said share of land in Chuncheon-si”) with respect to the purchase price of KRW 127,40,00 (contract amounting to KRW 17,400,000, the remainder amount of KRW 110,000,000,000 (hereinafter referred to as “sale contract”).

2) According to the instant sales contract, the Plaintiff paid KRW 127,400,000 for the purchase price to E. On September 26, 2012, E completed the registration of share transfer with respect to the share in the instant Chuncheon land on September 26, 2012. (c) On April 10, 2013, the Plaintiff entered into a sales contract for 200 out of E and E-si I forest land, KRW 74,000 for the purchase price of KRW 74,40,000 for the purchase price, KRW 30,000 for the intermediate payment, KRW 30,000 for the intermediate payment, KRW 30,00 for the remainder payment on April 24, 2013, and KRW 36,600 for the remainder payment.

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