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(영문) 인천지방법원 부천지원 2021.01.13 2019가합936
매매대금반환
Text

The plaintiff's claim against the defendants is dismissed in entirety.

Litigation costs shall be borne by the plaintiff.

Reasons

1. Basic facts

A. Defendant D Co., Ltd. (hereinafter “Defendant Co., Ltd.”) is a company established for the purpose of real estate development projects, such as farmland, housing, and agricultural facilities, and real estate trading business. Defendant B is a director of the Defendant Co., Ltd. who operates the said company, and Defendant C is a person who promotes real estate development projects in the said company together with Defendant B.

B. On May 18, 2018, the Plaintiff concluded a sales contract with the Defendant Company to purchase the land listed in attached Table 1 (hereinafter “E land”) from KRW 181,200,000,000, and the down payment of KRW 20,000 on the date of the contract, the intermediate payment of KRW 80,000,000 on June 29, 2018, and KRW 81,200,000 on the remainder payment of KRW 81,20,00 on July 31, 2018 (hereinafter “E sales contract”).

The terms and conditions of the contract shall be "the remaining amount shall be treated as a balance after the completion of the construction of a site for permission for development of detached houses.

“.......”

(c)

On January 20, 2019, the Plaintiff entered into a sale contract with the Defendant Company for purchase of the land listed in attached Table 2 (hereinafter “F land”) from KRW 294,100,000 in the purchase price, and KRW 57,000 in the contract amount, and KRW 57,000 in the remainder payment, KRW 90,000 in the contract date, intermediate payment, KRW 90,000,00 in the remainder payment, and KRW 147,050,00 in the remainder payment (hereinafter “F sale contract”) to be paid on February 28, 2019. In addition to the above E sale contract, the Plaintiff entered into a sale contract with the Defendant Company for each of the instant lands (hereinafter “each of the instant lands”).

(d)

After the implementation of the E sales contract, the Plaintiff paid the Defendant Company the purchase price of KRW 181,200,000 in full. On April 19, 2019, the Plaintiff completed the registration of transfer of ownership in its name with respect to the land divided from E on land ( strictly divided into five thousand square meters in Gwangju-si, Gwangju-si) on April 19, 2019, G 478 square meters (hereinafter “former 478 square meters”).

E. The Plaintiff’s implementation of the FF sales contract is F.C. to the Defendant Company.

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