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(영문) 수원지방법원 2018.10.23 2016가합75278
매매대금반환
Text

1. The plaintiff (Counterclaim defendant)

A. On November 2015, the Defendant (Counterclaim Plaintiff) with respect to the volume of D 896 square meters in the Suwon-si Suwon-si water area from the Defendant (Counterclaim Plaintiff).

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. On November 23, 2015, the Plaintiff purchased 993,450,000 square meters (hereinafter “D land”) from Defendant B at KRW 993,450,00 (the contract deposit amount of KRW 99,345,00,397,380,000, intermediate payment of KRW 397,70,725,000, the remainder of KRW 496,725,000), and from Defendant C at KRW 86.66 square meters on the road (hereinafter “E land”), each of the aforementioned lands was purchased from Defendant C at KRW 150,00,000 (the contract deposit of KRW 15,00,000, the intermediate payment of KRW 60,000,000, the remainder of KRW 75,000,00).

(hereinafter “each of the instant sales contracts”). B

Upon entering into each of the instant sales contracts, the Plaintiff and the Defendants agreed on January 27, 2016 on the remainder payment date, and agreed on the Plaintiff’s receipt of the remainder and at the same time to implement the procedures for ownership transfer registration of each of the instant land, and entered each of the instant special agreements into a trade contract into a state at the time of entering into each of the instant sales contracts.

C. According to each of the instant sales contracts, the Plaintiff paid the Defendant B the down payment of KRW 99,345,000 and the intermediate payment of KRW 397,380,000. The Plaintiff paid the down payment of KRW 15,000 and the intermediate payment of KRW 60,000,000 to the Defendant C.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 4, purport of the whole pleadings

2. Determination on the main claim

A. The Plaintiff’s assertion and the Defendants agreed to sell the instant land at the time of the conclusion of each of the instant sales contracts, but after the conclusion of each of the instant sales contracts, the Plaintiff and the Defendants agreed to sell and sell the instant land at the time of the conclusion of each of the instant sales contracts. However, after the conclusion of each of the instant sales contracts, the instant land was damaged by an exemplary management officer installed on each of the instant land, and the stone embankments installed on the boundary of the D land and the land adjacent thereto (hereinafter “F land”) was damaged, and ③ the retaining wall installed on the boundary of the D land and F land infringed on D land was damaged, and the trees, flowerss, etc. planted on each of the instant land were damaged.

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