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(영문) 서울동부지방법원 2017.06.21 2016나25654
매매대금반환
Text

1. Revocation of a judgment of the first instance;

2. The plaintiff's claims against the defendants are all dismissed.

3. The total cost of the lawsuit.

Reasons

1. Basic facts

A. On December 2010, the Plaintiff entered into the instant contract with Defendant B to purchase KRW 25,000,000, the right to move into the G farming house in the Gangnam-gu Seoul Metropolitan Government FF District at KRW 32,00,000 from Defendant B through her mother E.

B. The Plaintiff paid KRW 32 million to Defendant B from December 29, 2010 to March 4, 2011.

[Ground of recognition] Facts without dispute between the parties, Gap evidence 1 to Gap evidence 2-2, the purport of the whole pleadings

2. Determination as to the cause of action

A. 1) The Plaintiff’s right to move into the instant contract is the right to be supplied with “25 square-type rental apartment household within the FF zone” from the Seoul Special Metropolitan City SH Corporation. On January 20, 2011, Defendant B agreed to refund the purchase price if the Plaintiff is not entitled to move into the instant contract. Defendant C guaranteed the Plaintiff’s obligation to the Plaintiff based on the above refund agreement. However, even though the allocation of rental apartment for the residential life in the FF zone was completed in 2013 but the Plaintiff was not selected as the occupant of the leased apartment, the Defendants are jointly and severally liable to return the above purchase price of KRW 32 million to the Plaintiff. According to the reasoning of the judgment of the judgment of the judgment of the court below, Defendant B’s right to move into the instant sales contract, despite being aware of the Plaintiff’s right to move into the Plaintiff on January 20, 201, the right to move into the instant apartment zone’s principal and the right to pay KRW 25 million to the Plaintiff.

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