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(영문) 부산지방법원 2015.06.04 2014가합17391
매매계약해제확인
Text

1. It is confirmed that the real estate sales contract of September 22, 2004 between the Plaintiff and the Defendant was cancelled on January 6, 2015.

2...

Reasons

1. Basic facts

A. On March 20, 204, the Plaintiff purchased 400,000,000 won ( approximately KRW 30,000 per square year) for each of the above shares in the land listed in the separate sheet (1) of the attached Table (hereinafter “the land No. 1”) located within the land transaction permission zone under the National Land Planning and Utilization Act from C (hereinafter “the land of this case”) and the land listed in the attached Table (2) of the attached Table (hereinafter “the land No. 2 of this case”) for the total of 1/4 shares owned by C. 40,00,000,000 won out of the land listed in the separate sheet (hereinafter “the land No. 2 of this case”). The Plaintiff agreed to pay the secured debt under the name of the International Mutual Saving and Finance Company (hereinafter “International Mutual Savings and Finance Company”) and agreed to purchase each of the above shares in the land of this case for the same time as the purchase price at KRW 221,000,000.

5. In accordance with each of the above agreements, the registration of the transfer of ownership in the name of the plaintiff is completed with respect to each of the above shares (the shares of 1/2 of the land of this case and the shares of 1/4 of the land of this case) among the land of this case.

B. However, on May 2004, the Defendant recommended the Plaintiff to sell the instant land at KRW 120,000 per square year, while there was a purchaser seeking to buy the instant land at KRW 120,000. The Plaintiff delegated the Defendant with the authority to sell KRW 1,000 each of the Plaintiff’s shares in the instant land No. 1 to E, F and G at KRW 120,000 per square year.

C. The Defendant, in lieu of the return of KRW 130,00,000 of the investment amount to be returned by the Defendant to E, a third party, including E, has purchased approximately KRW 30,00 per square, as above, the land No. 2 of this case was purchased at KRW 120,00 per square, and the hot spring will be developed on the land No. 2 of this case.). In addition, the Defendant, in lieu of the return of KRW 130,00,000 of the above land No. 2 of this case, agreed to transfer to E, and instead, transfer to E the approximately 1,00 of the above land No.

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