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(영문) 수원지방법원 2015.06.25 2014가합66485
매매대금반환
Text

1. The plaintiff's main claim and the conjunctive claim against the defendants are all dismissed.

2. The costs of lawsuit shall be.

Reasons

1. Basic facts

A. On September 26, 2013, the Plaintiff concluded a sales contract to purchase 300 square meters out of 20,904 square meters of land B with the wife population B from the Defendant Incorporated Land Co., Ltd. (hereinafter “Defendant Korea Land”) for KRW 35,70,000 from the purchase price.

The Plaintiff paid the purchase price in full by paying the Defendant’s land, the down payment of KRW 3 million on September 26, 2013, and the remainder of KRW 32.7 million on October 21, 2013. The Plaintiff completed the registration of ownership transfer as to the share of KRW 92/7,000, out of the share of KRW 7,000 square meters, divided from the above Defendant’s wife population B from the above Defendant’s wife population B.

B. On November 19, 2013, the Plaintiff entered into a sales contract with the Defendant’s land to purchase KRW 500,000,000 among KRW 42,469,000,000 (hereinafter “instant forest land”) from the purchase price of KRW 24,950,00,000, and paid the said purchase price to the said Defendant in full.

C. On January 23, 2014, the Plaintiff entered into a sales contract with Defendant Korea Land Information Co., Ltd. (hereinafter “Defendant Korea Land Information”) to purchase KRW 200,000,000 (hereinafter “the instant Osan-si Forest”) out of KRW 19,622,00,000 in the purchase price, and paid the said Defendant a total of KRW 58,00,000 in the purchase price.

[Reasons for Recognition] Unsatisfy, entry of Gap 1-3, 7-9 evidence (including tentative number; hereinafter the same shall apply), the purport of the whole pleadings

2. Determination as to the claim on the Defendant’s land

A. As to the primary claim, the Plaintiff purchased each of the above forests from F and G, an employee of the Defendant’s land, who is an employee of the Defendant’s land, to receive a successful bid at the auction procedure, from the Plaintiff’s auction proceeds, and purchased the said forests and fields. In the case of the instant forests and fields in Young-si, the Plaintiff registered 92/7,000 square meters out of 7,000 square meters of the wife population C, which is not the land originally designated by the Plaintiff, but the land originally designated by the Plaintiff, and on the ground that the Plaintiff concluded each of the above contracts by fraud.

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