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(영문) 부산고등법원 2015.09.03 2015나50095
매매대금반환
Text

1. Of the part concerning the defendant in the judgment of the court of first instance, order the payment in excess of the amount ordered below.

Reasons

1. Basic facts

A. The relationship between the plaintiff and the defendant, such as the relationship between the original defendant and the defendant, are friendship in the middle and high school, and D is the plaintiff and the defendant's spouse respectively.

B. On April 30, 2004, the Plaintiff, B, and D’s written confirmation of equity (i.e., the preparation of written confirmation of equity) B between the Defendant and D are as follows (hereinafter “written confirmation of equity”).

(E) On May 17, 2004, Ulsan-gun E-do, Ulsan-gun on May 17, 2004 (hereinafter “E forest”).

A) The registration of ownership transfer is completed in his name with respect to E forest (2,400 square meters): E forest (2,400 square meters) is registered in the name of B, but in fact, B shares are 1/2, and the Plaintiff’s share is recognized as 1/2, and I promised to transfer without any condition at the time of the request for transfer of registration. 2) D completed the registration of ownership transfer with respect to F forest in Ulsan-gun, Ulsan-si, Ulsan-si, Ulsan-do, and 37,686 square meters in size, G forest, 5,54 square meters in total (hereinafter “H forest”), and completed the registration of ownership transfer with respect to H forest in its name on August 20, 204, and written a written confirmation of shares (hereinafter “written confirmation of shares”) with the following contents to the Defendant on August 20, 200:

H Forest land (area: 13,080) The above real estate is registered in the name of D, but the defendant's share is 1/2 in fact, and D's share is 1/2, and will be transferred without any condition at the time of request for transfer of registration.

C. On May 10, 2013, the forest E following the division of a forest is divided into the forest E 1,653 square meters in Ulsan-gun, Ulsan-gun, J forest E 1,653 square meters, K forest 1,653 square meters in size, L forest 1,653 square meters in size, 1,653 square meters in size, M forest 1,322 square meters in size.

E Sale of forest E was sold in Ulsan-gun E Forest E 1,653 square meters, J forest 1,653 square meters, K forest 1,653 square meters on May 10, 2013, and the remaining forest land was sold to Jin-gun, Ulsan-gun, Ulsan-gun, and J forest 1,653 square meters on May 10, 2013, and the remaining forest land was sold to Jin-gun, Inc. in the amount of KRW 315,00,000 on May 21, 2013.

[Ground of recognition] Gap evidence Nos. 1, 7, 9, Eul evidence Nos. 2, 3, and 6 (including additional numbers), the purport of the whole pleadings

2. Determination as to the cause of the claim

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