(영문) 광주지방법원 2016.10.18 2015가단25858

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(영문) 광주지방법원 2016.10.18 2015가단25858

매매대금반환 등

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1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. On April 30, 2005, the Plaintiff entered into a sales contract with the Defendant to purchase the purchase price of KRW 70,000,000 (contract amounting to KRW 10,000,000, and the remainder of KRW 60,000,00,000) of the land of 1101 square meters on the land of 1,101 square meters of the land of the Defendant, Seoan-si, Seoan-si, the Plaintiff owned by the Defendant (hereinafter “instant sales contract”). On April 30, 200, the Plaintiff operated the inspection in the instant building.

B. On May 4, 2005, the Plaintiff remitted to the Defendant the down payment of KRW 10,000,000 for the instant sales contract. On June 21, 2005, the Plaintiff completed the registration of ownership transfer under the name of the Plaintiff, which was made on June 20, 2005 for the instant building.

C. The instant sales contract was rescinded on January 1, 2008, and the Defendant paid KRW 5,000,000 to the Plaintiff on January 10, 2008, and on January 11, 2008, the registration of ownership transfer was completed in the name of the Defendant on January 8, 2008 for the instant land.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 through 5 (including each number; hereinafter the same shall apply) and the purport of the whole pleadings

2. The parties' assertion

A. The Plaintiff’s primary assertion 1) On the following grounds, the Plaintiff sought payment of KRW 70,500,000 in total to the Defendant (i.e., the purchase price of KRW 5,000,000 for unjust enrichment of KRW 18,500,000 for the acquisition price of KRW 18,000 for the tort due to defamation of KRW 16,000 for the damages of KRW 5,000 for the tort due to defamation of KRW 16,00,000 for the damages of KRW 16,00 for the damages of KRW 5,000 for the tort due to defamation of KRW 16,00 for the damages of KRW 16,00 for the damages of KRW 21,00 for the delay of compensation) upon the rescission of the sales contract. At the time of entering into the sales contract with the Defendant, the Plaintiff agreed to pay the Defendant the remainder of KRW 60,000 for the damages of KRW 10,00 for the contract.

Thus, the defendant is entitled to the contract of this case.

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