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(영문) 의정부지방법원고양지원 2016.08.31 2015가합70907
손해배상(기)
Text

1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

1. Basic facts

A. On October 25, 2006, the Plaintiff and Defendant B entered into a sales contract (hereinafter “the instant sales contract”) with the content that the Plaintiff and two other persons, other than the Plaintiff, purchase from the Deceased the F field of 847 square meters (hereinafter “F land”) and the G single-story housing unit (hereinafter “each of the instant buildings”) in Gyeyang-gu, Seoyang-gu, Seoyang-gu, Seoyang-gu, Seoyang-gu (hereinafter “H land”) totaling KRW 51 square meters (hereinafter “H land”) from Defendant B to purchase KRW 586,00,000 (hereinafter “the instant sales contract”).

B. The Plaintiff, I, and J paid to the Deceased and Defendant B the purchase price of KRW 586,00,000 as stipulated in the instant sales contract.

C. On February 13, 2008, the deceased completed the registration of ownership transfer for the reason of sale on January 28, 2008, 17688, which was received as of February 13, 2008, to K with respect to F land. Defendant B completed the registration of ownership transfer for the reason of sale on H land with the Goyang-gu District Court Senior District Court No. 3384, Jan. 9, 2008, No. 3384, Jan. 7, 2008.

The Deceased died on August 30, 201, and the Defendants inherited the deceased’s property.

[Ground of recognition] Facts without dispute, Gap evidence 1, Eul evidence 2-1, Eul evidence 3-1, the purport of the whole pleadings

2. The parties' assertion

A. On October 25, 2006, the Plaintiff asserted that he purchased F land, H land, and each of the buildings of this case from the Deceased and Defendant B for KRW 586,00,000. The Plaintiff paid the total purchase amount. The Deceased sold F land to K, Defendant B sold H land twice to L, and completed the registration thereof.

Therefore, inasmuch as the deceased and Defendant B’s obligation to transfer ownership was impossible, the above sales contract was cancelled and the sales amount of KRW 30,000,000,000, which was paid to the deceased and Defendant B, is deducted from the sales amount of KRW 586,000.

(2).

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