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(영문) 부산지방법원 동부지원 2018.10.18 2017가합104919
매매대금반환
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Facts of recognition;

A. The relationship 1) The Plaintiff is a company established for the purpose of building and selling houses. 2) From around 2012 to around 2012, C entered into a contract with E on January 10, 2013 on the transfer of the instant right to implement the instant project with respect to the instant Category D land. On August 14, 2014, E and the Defendant entered into a contract between E and E on August 14, 2014 to transfer the instant right to implement the instant project with respect to the instant Category D land.

B. 1) On August 15, 2014, the Plaintiff entered the instant project with the Defendant in the real estate sales contract indication column as follows (hereinafter “instant land”).

(3) The Defendant was not the owner of the instant land at the time of entering into a contract with the following contents as to the instant land:

3. The Plaintiff paid 935,000,000 won to the Defendant as down payment.

Real estate sales contract

1. According to the record of No. 15 (No. 15) of the F (909m2), G (462.5m2) in Gyeongnam-si, Gyeongnam-si, where real estate is indicated, only one half of the shares among G in Gyeongnam-si, Gyeongnam-si, is deemed to have been subject to sale;

H (933 square meters)

2. As to the sale of the above real estate, Article 1 (Purpose) of the Terms and Conditions of the Contract, the seller and the buyer, by agreement, shall pay the sales amount as follows:

Where a seller or a purchaser fails to perform any of the terms and conditions of this contract until December 15, 2014, the other party may give written notice to the person who has failed to perform the contract and rescind the contract, if the seller or the purchaser fails to perform any of the terms and conditions of this contract, by December 15, 2015.

And the parties to the contract.

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