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(영문) 대구지방법원 2018.05.11 2017가합201952
매매대금반환
Text

1. The Defendants each of the KRW 70,000,000 to the Plaintiff and KRW 32,500,000 among the Plaintiff, respectively, shall be from February 23, 2017 to February 37, 500, respectively.

Reasons

1. Basic facts

A. On August 27, 2016, the Plaintiff (F at the time) purchased KRW 1,230,00,000 G forest land (hereinafter “instant land”) from the Defendants and the Defendants, each of whom owns 1/4 shares, for KRW 1,230,00,000, and the intermediate payment of KRW 150,000,000 on the contractual date, and the intermediate payment of KRW 150,00,000 on October 10, 2016 (hereinafter “instant sales contract”).

B. On August 27, 2016, the Plaintiff remitted the Defendants the down payment of KRW 130,000,000 to the Defendants, and the intermediate payment of KRW 150,000,000 on October 11, 2016, respectively.

C. On February 21, 2017, the Plaintiff sent the “Notice of Cancellation of Real Estate Sales Contract” to the Defendants and H, stating that “H, an agent of the Defendants, was aware of the Plaintiff that it would be possible to permit the construction of a new house on the instant land,” on this ground, the Plaintiff sent the instant sales contract to the Defendants and H by content-certified mail, and the said notice reached the Defendants and H respectively on February 22, 2017.

On the other hand, on February 27, 2017, the Plaintiff sent to H a notice of correction of the content of the real estate sales contract to the effect that “The instant sales contract has been lawfully revoked by deception, and thus the down payment and intermediate payment have been returned in full,” by content-certified mail.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 2, 3, 4, 7, 8, 9 (including branch numbers, hereinafter the same) and the purport of the whole pleadings

2. The assertion and judgment

A. Before entering into the instant sales contract, the Plaintiff alleged that the Plaintiff clearly expressed the purpose of purchasing the instant land for the new construction and sale of electric power resource housing to the Plaintiff, an individual among the Plaintiff’s side and the Defendants’ broker and his agent, and the Plaintiff explained that the instant land can be permitted to construct.

However, this shall not apply.

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