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(영문) 인천지방법원 2019.04.26 2018가합62262
계약금 및 손해배상금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. On December 3, 2015, the Plaintiff purchased approximately KRW 347 square meters of a part of the land for land E-, Bupyeong-gu, Incheon, Bupyeong-gu (hereinafter “instant land before the instant subdivision”) in KRW 1,983,00,000 (per square, KRW 5.8 million). The Plaintiff drafted a sales contract for the land after the removal and partition of the said land, and drafted a sales contract for the land to pay the remainder of the land at the time of the transfer of the registration, and paid KRW 50 million to the Defendant on the same day as the down payment.

B. On January 26, 2016, the land before the instant partition was divided into 20,969.3 square meters of land for factory in Bupyeong-gu, Incheon and 20,969.2 square meters of F land (hereinafter “F land”). At that time, the said F land was divided into 2,002 square meters (actual owner) of G corporation on the registry, under the premise that the sales contract concluded on August 31, 201 with G corporation is null and void, the Defendant filed a lawsuit seeking cancellation of the ownership transfer registration of the relevant share with G corporation, and on July 17, 2014, the Seoul Central District Court rendered 30 billion won and its payment of 5 percent interest per annum from the Defendant to October 11, 2011, and the Seoul Central District Court received 30,000,000 won of land for factory in Incheon P corporation and 20,0000 square meters of land for factory in Incheon, 305,298.29,315.

The amount of KRW 1,983,00,000 in total amount of KRW 200,000 (payment and receipt at the time of a contract) in Bupyeong-gu Incheon Metropolitan City, Bupyeong-gu, Incheon Metropolitan City (land category: 1130 square meters) shall be KRW 1,783,00,000 on May 30, 2016.

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