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(영문) 의정부지방법원 2019.04.16 2018가단103211
매매대금반환
Text

1. The defendant shall pay to the plaintiff KRW 195,00,000 and KRW 20,000 among them, from June 29, 2009, KRW 170,000,00.

Reasons

1. Facts of recognition;

A. On April 16, 2009, the Plaintiff was subject to registration conversion on November 14, 2017 with “8,362 square meters of Fancheon-si Fancheon-si” as “8,362 square meters of forest land”.

(hereinafter “the instant land”) purchased and acquired ownership.

C E D

B. The part of “D” (D3,685 square meters at that time) of the above drawings should be passed in order to enter into the roads E of the Mancheon-si in the above drawings, such as the above drawings.

C. On June 29, 2009, the Plaintiff concluded a sales contract with a content that purchases KRW 200 million by dividing the 1,022 square meters of D forest land owned by the Defendant into KRW 3,685 square meters on June 29, 2009.

(A) Evidence A. The main contents are as follows:

20 million won of down payment: On the date of a contract, intermediate payment of KRW 170 million: August 19, 2009; the remainder of KRW 10 million: On December 20, 2009, the part payment subject to a special contract is paid upon the adjustment of a cadastral record and a cadastral record, and at the same time on the payment of part payment, the provisional registration of the right to claim ownership transfer is made.

D. Meanwhile, the foregoing drawings are drawings attached to the above sales contract (Evidence A No. 1).

There is an indication to the effect that the above drawing should be prepared a space of not less than 6 meters (to be seen as having entered) on the road boundary part of the forest and E.

E. Since then, the above D 3,685 square meters was divided into G forest land registration conversion into 3,813 square meters, and on August 10, 2009, G forest land 2,791 square meters and H 1,022 square meters (hereinafter referred to as “instant land”).

On August 19, 2009, the Plaintiff paid an intermediate payment of KRW 170 million in accordance with the above special agreement, and completed provisional registration in the name of the Plaintiff on the instant land.

G H

F. The foregoing drawings are cadastral maps where the location of contribution to the instant land and the instant land was revealed after the division.

(A) On the boundary line of the instant land and E road, there is a boundary stone axis (No. 5-1, 2) as follows, and in order for the Plaintiff to secure access roads, it is “not less than 6 meters” in the case of the drawing of the above sales contract attached to the above part of the land and E road.

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