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(영문) 제주지방법원 2017.09.19 2016가단4609
계약금반환
Text

1. Defendant B shall pay to the Plaintiff KRW 35,00,000 and the interest rate of KRW 15% per annum from June 10, 2016 to the date of full payment.

Reasons

1. Basic facts

A. On April 17, 2015, Defendant B entered into a sales contract with Korea Investment Association Co., Ltd. (hereinafter “Nonindicted Company”) for purchasing KRW 1,315 square meters of forest E (hereinafter “E land before the instant division”) and KRW 684 square meters before F before the instant division (hereinafter “F land before the instant division”); and, on the same day, paid KRW 284 million to the Nonparty Company a down payment amount of KRW 284 million.

At the time of conclusion of the prior contract of this case, the non-party company issued a separate sheet No. 1 (hereinafter “instant drawing”) to the defendant B regarding the method of dividing each land before the instant partition.

B. On July 1, 2015, the Plaintiff entered into a sales contract with Defendant B to purchase KRW 4575,750,000 for the instant land before the instant partition and the F land before the instant partition (hereinafter “instant sales contract”). On the same day, the Plaintiff paid KRW 35,500,000 to G, the wife of Defendant B, who is the wife of Defendant B.

C. On July 6, 2015, land E prior to the instant subdivision was divided into 441 square meters of E forest land, 841 square meters of H forest land, and 33 square meters of I forest land in Jeju-si. The land before the instant subdivision was divided into 59 square meters prior to the Jeju-si, and 625 square meters prior to J. The specific division status is as shown in attached Form 2.

[Ground of Recognition] Unsatisfy, Gap evidence 1 to 3, and 9 (including each number), the witness K's testimony, the purport of the whole pleadings

2. Determination as to the claim against the defendant B

A. The Defendant B, who indicated the claim, was the owner of each of the lands before the instant partition, and concluded the instant sales contract by deceiving the Plaintiff as if each of the lands before the instant partition could be divided as in the instant drawing.

Therefore, Defendant B is liable for damages caused by tort, which the Plaintiff received from the Plaintiff, to KRW 35,00,000, and this is accordingly.

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