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(영문) 창원지방법원진주지원 2017.05.25 2016가합10394
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. The Korea Venture Industry Development Co., Ltd. (hereinafter referred to as the “Korea Venture Industry Development”) purchased each land listed in the separate sheet (hereinafter referred to as the “each land of this case”) from the Defendants, and established a sales contract for the land listed in the separate sheet (hereinafter referred to as the “instant project site”) with Defendant B from the end of 2014 to the beginning of 2015 to determine the sales price as KRW 5.6.4 billion for the land listed in the separate sheet (hereinafter referred to as the “instant project site”) as KRW 5.66 billion for the purpose of running a new project by utilizing the adjacent land including each land listed in the separate sheet (hereinafter referred to as the “instant project site”), and entered the sales contract as KRW 20 million for the land listed in the separate sheet (hereinafter referred to as the “instant project site”), within eight months from the contract date, to the end of 200,000 won for the remaining five billion won, and entered the remainder as KRW 3.5.3 billion for each contract between Defendant C and Defendant D, within 35.5.3 billion.

B. The Korea Railroad Industry Development is against the Defendants.

In a situation where the down payment pursuant to each sales contract stated in the claim was not paid, E established the Plaintiff and agreed to purchase each of the instant land from the Defendants and carry out the instant business. After that, the Defendants agreed to substitute the said money as the down payment for the future sales contract to be concluded between E and the Plaintiff.

Accordingly, E paid KRW 560,640,000 to Defendant B on April 15, 2015, KRW 20,000 to Defendant C on April 15, 2015, KRW 35,590,000 to Defendant D on April 15, 2015, and thereafter, Defendant B was established on April 22, 2015.

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