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(영문) 울산지방법원 2015.07.03 2015가단50278
계약금반환 등
Text

1. The Plaintiff (Counterclaim Defendant) purchased and sold the forest land of Ulsan C, U.S. 83,802 square meters from the Defendant (Counterclaim Plaintiff) on June 19, 2008.

Reasons

1. Basic facts

A. On April 3, 1999, the Defendant acquired Ulsan C forest land of 83,802 square meters (hereinafter “instant land”).

B. On June 19, 2008, the Plaintiff entered into a sales contract containing the following purport with the Defendant:

(hereinafter referred to as the “sale”). - The Defendant sells the instant land to the Plaintiff at the price of KRW 270 million.

- The plaintiff shall pay to the defendant a down payment of KRW 50 million on the contract date, the intermediate payment of KRW 50 million on July 10, 2008, and the remainder of KRW 170 million on August 20, 2008, respectively.

C. The Plaintiff paid 100 million won in total to the Defendant according to the instant transaction.

At present, the outstanding payment of the purchase price of this case or the transfer registration procedure for the land of this case was not implemented.

[Reasons for Recognition] Facts without dispute, Gap evidence 1, Eul evidence 4, the purport of the whole pleadings

2. As to the main claim

A. (1) With respect to the Plaintiff’s assertion of cancellation of contract by deception, the Plaintiff concluded the instant transaction by deceiving Nonparty D, by deceiving Nonparty D.

In light of the relationship between the Defendant and D, the Defendant knew or could have sufficiently known the fact that the Defendant delivered 40 million won out of the down payment and intermediate payment of KRW 100 million to D, etc.

(B) The Plaintiff’s sales of this case based on Article 110(2) of the Civil Act shall be revoked.

(C) The Defendant is obligated to pay to the Plaintiff 10 million won and delay damages with the return of unjust enrichment following the above revocation.

(2) According to the facts that there is no dispute in the sales market (A), Gap evidence Nos. 2 and Gap evidence Nos. 5 through 8, and the purport of the entire pleadings, even if D did not have agreed to resell the land of this case or sell the above ground pine trees in an amount equivalent to KRW 700 million, it may resell the land of this case even though it did not have the intent or ability to sell the land of this case by reselling the land of this case or selling pine trees from the plaintiff.

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