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(영문) 인천지방법원 2016.10.13 2015가단237600
매매대금반환
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. The plaintiff's assertion

A. On March 8, 2012, the Plaintiff purchased 165/11620 shares of the instant land in KRW 27,294,00 among the instant land, on the condition of subdivision of 1935 square meters of B forest land in public land in public land (hereinafter “instant land”) between the Defendant and the Defendant.

(hereinafter “instant sales contract”). B.

The plaintiff requested the defendant to divide the land of this case several times, but the defendant did not comply with the request, so the contract of this case is cancelled through the service of the duplicate of the complaint of this case.

C. Therefore, the Defendant is obligated to return to the Plaintiff the purchase price of this case 27,294,000 and damages for delay for restitution.

2. It is not sufficient to recognize the fact that the defendant agreed to divide the land of this case at the time of entering into the sales contract of this case only with each statement of Gap's 1 to 6 (including each number of units), and there is no other evidence to acknowledge this otherwise. Thus, without examining the remaining points, the claim of this case is without merit.

3. In conclusion, the plaintiff's claim of this case is dismissed as it is without merit. It is so decided as per Disposition.

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