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(영문) 대전지방법원 2015.05.29 2014나106623
매매대금반환등
Text

1. All appeals by the Defendants are dismissed.

2. The costs of appeal are assessed against the Defendants.

Purport of claim and appeal

1.

Reasons

Basic Facts

A. The Defendants, as the parties, purchased 14,77 square meters of D forest land, 793 square meters of E, and 456 square meters of F site in 1,450,000 won prior to the partition of land, and made the said land into a housing site and sell it in a partnership. The Plaintiff is the purchaser who entered into a sales contract with the Defendants as to some housing lots.

B. After dividing a G forest into 3,442 square meters, H forest, 887 square meters, 109 square meters of J forest, and 1,021 square meters of land in the 14,777 square meters of land in the Si/Gun/Gu where the subject matter of sale is divided, the 9,559 square meters of D forest are subject to registration conversion into 9,559 square meters of K forest, and the 3,446 square meters of land in the above 3,446 square meters of land due to the change of administrative district name was subject to registration of 3,446 square meters of land in Sejong Special Self-Governing City.

C. On May 10, 2012, the Plaintiff entered into a contract with the Defendants to purchase at KRW 67,500,000 of the price of KRW 421 square meters of D forest land 11,335 square meters on May 10, 2012, and KRW 20,000 on the date of the contract, intermediate payment of KRW 34,500,000 on the date of the contract, and KRW 13,50,000 on May 29, 2012, the remainder payment of KRW 13,50,000 on the delivery of the documents required for ownership transfer registration and the delivery of the subject matter of sale at the same time, and agreed to adjust the remainder payment on June 15, 2012 at the time of change in the area of the subject matter of sale in the process of completion and subdivision of civil engineering works (2) to transfer the remainder amount to the Defendant’s deposit account in the name of each of the parties.

The instant secondary sales contract was concluded 1) As the said D forest was divided into 3,446 square meters of the said K forest and 3,446 square meters of the said K forest and 3,46 square meters of the said K forest and 3,46 square meters of the said K forest and 3,46 square meters for sale on May 21, 2012, the registration of ownership transfer was completed in Defendant C’s name on June 15, 2012 as the Sejong District Court Sejong District Court (17490, Jun. 15, 2012). Accordingly, the Plaintiff and the Defendants on July 4, 2012.

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