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(영문) 수원지방법원 2019.09.26 2018나82632
매매대금반환
Text

1. Of the judgment of the court of first instance, the part against the defendant exceeding the following amount ordered to be paid shall be revoked.

Reasons

1. Basic facts

A. The Minister of Land, Transport and Maritime Affairs, around May 30, 2008, designated one of the members, including Pyeongtaek-si E, as a “F District” pursuant to Article 8 of the Housing Site Development Promotion Act and Article 18 of the Enforcement Decree of the said Act. The Korea Land and Housing Corporation, D Corporation and G Corporation are joint operators of the said project district.

(2) On May 23, 2012, the network C (hereinafter “the network”) entered into a compensation agreement with the G Corporation on the part of Pyeongtaek-si’s ground obstacles located in the said project district.

The G Corporation, on January 19, 2015, selected the deceased as a person subject to supply of a housing site for migrants pursuant to the Act on Acquisition of and Compensation for Land, etc. for Public Works Projects.

B. (1) On March 11, 2015, the deceased prepared documents, such as a sales contract for the sale of the housing site of migrants, and a letter of delegation (hereinafter “documents for the sale of the housing site of this case”), and signed and sealed the documents in blank, with the indication of the real estate and its date, amount, and purchaser, etc. written.

(2) On March 11, 2015, the Deceased delivered the above water-sale right documents to I, and I kept the said documents in the office of Pyeongtaek-si located with J.

I deposited KRW 160,000 to the Deceased in the name of his head on the same day.

(3) On March 25, 2015, the Defendant received the aforementioned documents from J around the morning and kept them in the Defendant’s office “K” office located in Pyeongtaek-si M.

(4) The Plaintiff and N visited the Defendant’s office around the same day, and the Defendant provided the Plaintiff with the instant permit document and received KRW 195 million from the Plaintiff.

C. (1) The Deceased filed a lawsuit to demand the performance of the procedures for the change of the name of the seller in lots (1) and concluded a contract for the sale of land with Dwork on May 31, 2016 on the land for the said migrants’ housing site.

(2) The Plaintiff is the Suwon District Court on December 2016.

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