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(영문) 인천지방법원 2016.06.17 2016가합51206
매매대금반환
Text

1. The plaintiff's claims against the defendants are all dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. On April 21, 2014, the Plaintiff purchased 429 square meters (130 square meters) from Defendant B Co., Ltd. (hereinafter “Defendant B”) from Sejong Special Self-Governing City as the purchase price of KRW 107,90,000 (130 square meters per square year, down payment of KRW 83,000,000, and the balance of KRW 24,900,000 per square year, and the remaining amount of KRW 24,90,000). The Plaintiff agreed to enter into a contract that the Plaintiff will not superior to each other, and Defendant B would not be responsible for the change of name and ownership transfer, and if no ownership transfer registration is made, the purchase price shall be refunded in full, and the registration of establishment of a mortgage shall be cancelled by May 10, 2014.

At the time of the above sales contract, Defendant B paid the Plaintiff a double of the down payment.

(hereinafter referred to as the “first sale contract”) between the Plaintiff and the Defendant B.

On March 6, 2015, the Plaintiff: (a) purchased from Defendant C Co., Ltd. (hereinafter “Defendant C”) 20,400,000 square meters (30 square meters) of the instant land from KRW 20,40,00 (20,000 per square meter, KRW 15,000,000, down payment, KRW 5,400,000) of the instant land; (b) under a contract, the Plaintiff specified the circumstance that the new parcel number is set by dividing the subject matter after surveying it; and (c) Defendant C did not have a relation even if the name of the Plaintiff changed.

At the time of the above sales contract, Defendant C agreed to compensate the Plaintiff for the amount double the amount of the sales contract.

(hereinafter referred to as “the second sale contract”) between the Plaintiff and the Defendant C.

By July 17, 2014, the Plaintiff paid KRW 107,900,000 for the purchase price under the first sale contract to Defendant B. By March 12, 2015, the Plaintiff paid KRW 20,400,000 for the purchase price under the second sale contract to Defendant C by March 12, 2015.

On July 24, 2015, the Plaintiff entered into a sales contract with Defendant C by content-certified mail, and pursuant to Articles 1 and 2.

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