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(영문) 서울북부지방법원 2015.10.29 2015가단118738
매매계약 무효확인
Text

1. As to the size of 516 square meters among 2,162 square meters and 2,759 square meters in Gyeonggi-gun, Gyeonggi-do, the Plaintiff and the Defendant entered into between the Plaintiff and the Defendant.

Reasons

1. Claim against the defendant B

(a) Indication of claims: To be as shown in the reasons for the claims;

(b) Grounds: Judgment by public notice (Article 208 (3) 3 of the Civil Procedure Act);

2. Claim against Defendant C

A. The following facts can be acknowledged in full view of the purport of the entire pleadings in each of the evidence Nos. 1 through 7, which is acknowledged as facts Gap.

1) Real estate listed in Paragraph 1 of this Article (hereinafter “instant land”).

(2) On September 31, 2010, the Plaintiff, the owner of the instant land, entered into a contract with Defendant B to purchase and use the instant land, and receive KRW 90 million in return for the said contract, and around that time, the Plaintiff agreed on September 15, 2010 as security the remainder of KRW 85 million out of the usage fees, and completed the registration of creation of mortgage over the Defendant B, with respect to KRW 2823 square meters prior to the Gyeonggi-si, Gyeonggi-do, Inc., the Defendant B’s ownership as security, the maximum debt amount of KRW 85 million in the future, and the debtor’s establishment of mortgage over the Defendant B. (2) On July 31, 2012, the Plaintiff purchased the instant land in the instant case with Defendant B and received KRW 130 million in the purchase price of KRW 130 million and KRW 5 million in the down payment until July 30, 2013.

3) However, as to the instant land between the Defendants on February 26, 2013, the Plaintiff concluded a sales contract between the Plaintiff and the Defendant B on July 31, 2012 and the purchase price of KRW 130 million between the Plaintiff and the Defendant C. However, instead of returning the purchase price of KRW 25 million paid by the Plaintiff to the Defendant B, the Plaintiff agreed to substitute the payment of KRW 25 million to the Plaintiff for the down payment of KRW 25 million paid by the Defendant C. The Plaintiff agreed to pay the remainder of KRW 40 million to the Plaintiff by July 31, 2013 without setting a deadline. However, the Plaintiff agreed to receive KRW 65 million from the Defendant C until July 31, 2013, respectively.

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