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(영문) 인천지방법원 2013.12.27 2013가합2975
매매대금반환
Text

1. Defendant B: (a) KRW 250,000,000 and annual rate from April 10, 2013 to December 27, 2013; and (b) December 28, 2013 to the Plaintiff.

Reasons

1. Basic facts

A. Defendant B and F were co-owners of each of 1/2 shares in Nam-gu Incheon Metropolitan City G and H land; Defendant B was co-owners of the said I’s share in 188/1754 shares in the said I’s land.

(hereinafter referred to as the above three parcels of land is referred to as “each of the instant parcels of land”). B.

On January 18, 2006, Defendant B and F entered into a contract to sell each of the instant lands to KRW 3,600,000,000 (hereinafter “instant contract”). The main contents of the instant contract and the special terms and conditions (trade) attached to the instant contract are as follows.

The down payment of KRW 500,000 shall be paid at the time of the contract, and the intermediate payment of KRW 1,550,000,000 shall be paid at the time of the contract, and the remainder of KRW 1,550,000 on March 15, 2006 shall be paid on April 10, 2006.

Seller: F. F. and one other buyer: Terms and conditions of the J. 4 other contract (trade) agreement

2.The contract shall be entered into on the condition of the transfer of the entire share in the three parcels in the name of the F, B, and in the name of two persons.

The J paid KRW 250,000,000 to Defendant B as of the date of the instant contract, and the Plaintiff granted the J the power to conclude the instant contract on March 31, 2006 to Defendant C, a child of Defendant B, transferred KRW 150,000,000 to Defendant D, and KRW 200,000,000 to Defendant E.

Defendant B, F, and J had agreed on the instant sales contract terminated in April 2006.

E. The Plaintiff received from J, around 200, KRW 100,000, KRW 50,000 on July 30, 2009, KRW 3,000,000 on August 25, 2009, KRW 7,000 on September 2, 2009, KRW 205,000 on April 9, 201, and KRW 5,000,000 on July 13, 201, and KRW 2005,000 on around October 21, 201.

[Ground of recognition] Facts without dispute, Gap 1, 3 evidence, Eul 1 and 2 evidence, witness J's testimony, the purport of the whole pleadings

2. Determination as to the cause of action

A. The Plaintiff’s assertion and J had the power to conclude the instant sales contract granted by the Plaintiff and concluded the instant sales contract with the Defendants. On March 31, 2006, the Plaintiff concluded the instant sales contract with the Defendants.

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