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(영문) 전주지방법원남원지원 2016.08.18 2014가합169
매매대금반환
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Facts of basic recognition;

A. C, D, E, and F established the Plaintiff on September 18, 2012 for the purpose of operating an orchard in the former Heading-Gun of North Korea. At that time, C had all funds required for the Plaintiff’s operation borne by C. G, who is a representative director, and H, E’s wife, was an internal director, and F was each registered as an auditor.

B. F was aware of the Defendant’s intent to sell each of the instant real estate while identifying the orchard site to be purchased by the Plaintiff according to C’s instruction, and D and E, together with I and J to arrange for the purchase of each of the instant real estate, concluded negotiations on the terms and conditions of the purchase of each of the instant real estate.

C. As a result of the foregoing negotiations, on October 17, 2012, the Plaintiff entered into a sales contract with the Defendant to purchase each of the instant real estate in KRW 1.5 billion (hereinafter “instant sales contract”). At the time, the Plaintiff agreed to pay KRW 200 million on the date of the contract, the intermediate payment of KRW 200 million until December 31, 2012, and the remainder of KRW 650 million until March 30, 2014, respectively.

According to the instant sales contract, the Plaintiff paid KRW 200 million to the Defendant as the down payment on October 17, 2012, and paid KRW 21 billion as the part payment and delay damages on January 15, 2013, which was 15 days after the date of the intermediate payment payment under the initial contract.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 3 (including branch numbers for those with branch numbers; hereinafter the same shall apply) and the purport of whole pleadings

2. At the time of entering into the instant sales contract, the Defendant and D, E, I, and J (hereinafter “D, etc.”) agreed to sell each of the instant real estate in KRW 900 million, which had been concluded by deceiving the Plaintiff as if the purchase price was agreed upon, even though they agreed to sell each of the instant real estate in KRW 1,050,000.

Therefore, the sales contract of this case is primarily executed by the defendant and D.

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