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(영문) 수원지방법원성남지원 2019.05.28 2018가합405630
매매대금반환
Text

1. The Defendants’ each share of KRW 89,50,000 and each share of KRW 89,50,000 to the Plaintiff annually from March 20, 2017 to May 28, 2019.

Reasons

1. Facts of recognition;

A. The Defendants, on November 25, 2016, shared with the Seongbuk-gu Seoul Metropolitan Government F 885 square meters, G large 46 square meters, H large 61 square meters, and I large 46 square meters (hereinafter referred to as “J 4 square meters”). On November 25, 2016, the Defendants are “a sales contract concluded on November 25, 2016, with the Korea Asset Management Corporation, which is the agency managing the State-owned land, to purchase the said three lots of land in the Republic of Korea owned in the vicinity of J 4 square meters, L large 30 square meters, 49 square meters, and Ma large 7 square meters (hereinafter referred to as “each piece of land”).

was drawn up.

B. On December 20, 2016, the Defendants completed the registration of ownership transfer on November 25, 2016 with respect to one-fourth share of each of the instant land.

C. On February 9, 2017, the Plaintiff entered into a sales contract with the Defendants on a total of KRW 4.7 billion with Jdong four and each of the instant lands. The purchase price of each of the instant lands was determined as KRW 125,000,000, Lousan 49 square meters, KRW 204,000,000, and KRW 358,000,000,000, in total, for Mousan 7 square meters.

According to the above sales contract, the Plaintiff paid the sum of KRW 100 million on February 9, 2017, KRW 150 million on the 15th of the same month, KRW 220 million on the 28th of the same month, as the down payment, and KRW 470 million on March 20, 2017. The Plaintiff paid the remainder KRW 4.23 billion on March 20, 2017.

E. On March 20, 2017, the Plaintiff completed the registration of ownership transfer under the Plaintiff’s name on the grounds of sale on February 9, 2017 with respect to the land of J-dong and each of the instant land. On March 30, 2017, all of the said land was merged into the Seoul Seongbuk-gu F&1,124 square meters.

F. Meanwhile, N, an employee of the Korea Asset Management Corporation, has forged a sales contract for State property, such as a sales contract executed on November 25, 2016, with respect to each of the instant land without undergoing the internal approval procedure or appraisal procedure under the internal regulations, and embezzled each of the instant land, on the ground that he/she embezzled the sales price for State property to a N personal account, such as receiving transfer of the sales price for State property to the N personal account.

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