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(영문) 청주지방법원충주지원 2019.01.10 2018가합5317
매매대금반환
Text

1. The Defendant shall start on May 3, 2018 with respect to the Plaintiff A’s KRW 300,000,000, and KRW 200,000 and each of the said money to the Plaintiff B.

Reasons

Basic Facts

Plaintiff

On May 2017, A and his husband D, Plaintiff B, and their husband E made a land division and sale agreement (hereinafter “instant sales agreement”) with the Defendant to the effect that “I and D purchase in KRW 30 million, while Plaintiff B and E purchase in KRW 200,000,000,000,000 in the previous land before the instant division into two parcels of 91 square meters (300 square meters) and 726 square meters (200 square meters).”

On May 8, 2017, a sales contract (Evidence 1-2) stating that “A purchases 300 square meters from the Defendant, out of the land before the instant partition,” was drafted on May 8, 2017, and that “B’s husband E purchases 200 square meters from the Defendant out of the land before the instant partition,” respectively.

On June 16, 2017, the Defendant divided the instant land before the instant partition into “F 726 square meters (hereinafter “instant land”) and “2 square meters (hereinafter “instant land”) G 991 square meters (hereinafter “instant land”); hereinafter “the combination of the instant land and the instant land No. 1 and the instant land No. 2”)”.

Plaintiff

A, as of June 20, 2017, with Defendant, drafted a sales contract with Plaintiff A, the purchase price of KRW 300 million, and the remainder payment date as of July 27, 2017. On July 27, 2017, A paid KRW 300 million to Defendant on the same day, and completed the registration of ownership transfer on the instant land No. 2 on the same day.

Plaintiff

B and E agree with the Defendant on November 22, 2017 to change the name of the purchaser of the existing sales contract (A 1-2) into Plaintiff B. As to the instant land, the sales contract was re-established on December 22, 2017 with the purchaser B, the purchase price of KRW 200 million, and the remainder payment date. On December 22, 2017, the Plaintiff completed the registration of ownership transfer of the instant land No. 1 in the Plaintiff’s name on December 26, 2017.

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