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(영문) 대전지방법원 2017.12.12 2014가단46737
매매대금
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 December 29, 2005, the Plaintiff entered into a sales contract with Defendant B Co., Ltd. (the trade name at the time is “Co., Ltd.”, and the directors on the registry are “Defendant B”; hereinafter, “Defendant B”) and the Plaintiff’s intent to purchase the F Return 661m2 (hereinafter “F land”) from Defendant B for KRW 99 million (hereinafter “instant sales contract”).

B. F land was owned by G; H on December 30, 2005, in the future H and E on December 29, 2005, the transfer registration for ownership was completed once 1/2 shares each on the grounds of sale as of December 29, 2005; E transferred its entire shares on the same day to I on the grounds of sale as of December 29, 2005.

C. The land JJ 661 square meters (hereinafter “J land”) was owned by G, and the registration of ownership transfer was completed on December 30, 2005 due to sale as of December 29, 2005, and E completed the registration of ownership transfer on the same day on December 29, 2005.

On December 30, 2005, the Plaintiff received a registration right certificate from Defendant B and kept it up to the present. However, the sales contract attached to the registration certificate necessary for the registration of transfer of ownership is written as “JJ 61m2,” “sale price of KRW 70 million,” “E, and “Plaintiff” as the subject matter of sale, subject matter of sale, subject matter of sale, subject to the registration of transfer of ownership. [Grounds for recognition] There is no dispute; Party A’s evidence 2 through 3; Party A’s evidence (including the geographical number; Party B’s evidence 1 and Party B’s evidence 2-1; the purport of the entire pleadings;

2. As to the claim against the defendant B

A. The Plaintiff’s assertion was concluded on December 29, 2005 that the Plaintiff purchased Defendant B and F land on the ground of fraud (the primary cause of claim).

However, E, the representative director of Defendant B, completed the registration of ownership transfer for J land that is not F land by deceiving the Plaintiff, and the F land is Defendant B.

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