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Reasons
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(영문) 서울중앙지방법원 2016.07.01 2015가단5347587
매매대금반환
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1. The plaintiffs' claims against the defendants are all dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. On January 19, 2015, F forest land 7,952 square meters in the name of E, Incheon Metropolitan City, was divided into 1,643 square meters in G forest land (hereinafter “instant G land”) and 1,002 square meters in H forest land (hereinafter “instant H land”). On February 25, 2015, the ownership transfer registration under the name of E (I) was completed on February 24, 2015 with respect to all of the instant land on the grounds of sale on March 24, 2015, and the ownership transfer registration under the name of the Defendant C (hereinafter “Defendant C”) was completed on February 24, 2015.

B. On May 22, 2015, Plaintiff A entered into a sales contract with the Defendant Company to purchase KRW 67.6 million among the instant H’s land (hereinafter “instant one”). ② On May 30, 2015, Plaintiff A entered into a sales contract to purchase KRW 33 square meters among the instant H’s land (hereinafter “instant two land”) with KRW 16.9 million (hereinafter “instant one sales contract”). On June 16, 2015, Plaintiff A completed the registration of ownership transfer in the Plaintiff’s name with respect to the instant H’s share 165/1,002 shares of the instant land.

C. On May 29, 2015, Plaintiff B, the author of Plaintiff A, entered into a sales contract for KRW 2,5350,00 (hereinafter “instant two sales contract”) with the Defendant Company to purchase 50/1,002 shares of the instant H land (hereinafter “instant land”). On June 5, 2015, Plaintiff B, including the instant one sales contract, purchased at KRW 2,5350,00 (hereinafter “each of the instant land”). On June 5, 2015, the Plaintiff completed the registration of ownership transfer under the name of Plaintiff B with respect to the instant land.

The Plaintiffs from May 21, 2015 to the same year.

6. Between January and 1, Plaintiff A paid 8,2810,000 won to Defendant Company as the purchase price, and Plaintiff B paid 2,535,000 won, respectively, and Plaintiff A paid 4,017,260 won as the registration cost, such as acquisition tax, and Plaintiff B paid 1,311,100 won, respectively.

[Ground of recognition] Unsatisfy, Gap evidence Nos. 1 through 5.

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