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(영문) 서울중앙지방법원 2017.06.08 2016가단48509
매매대금반환
Text

1. Defendant B’s KRW 25 million to the Plaintiff and the Plaintiff’s 5% per annum from May 21, 2016 to June 8, 2017.

Reasons

1. Determination as to the claim against the defendant B

A. The facts of recognition are as follows: (a) on May 16, 201, the Plaintiff purchased the right to the land for livelihood countermeasures due to livestock farming facilities located in Sungnam-si, A from May 16, 201, from Defendant B to KRW 40 million (a contract amounting to KRW 5 million, intermediate payment of KRW 20 million, the remainder of KRW 15 million, and the remainder of KRW 15 million) (hereinafter “instant sales contract”); (b) on the ground that the land for livelihood countermeasures were expropriated from LH due to the above livestock facilities and were granted a means of livelihood; (c) on August 30, 201, the Plaintiff was to investigate into the actual condition of livestock breeding facilities as the owner of the livestock facilities at LH and verify the goods protocol to the Plaintiff; and (d) on August 30, 2011, the Defendant would be granted the same condition or condition for repayment or replacement of the principal to the Plaintiff’s land under the same name as the Plaintiff’s land for livelihood measures or replacement of real estate under the same name of the Plaintiff.

(2) Under the instant contract, the Plaintiff paid Defendant B the down payment of KRW 5 million on May 16, 201, and the intermediate payment of KRW 20 million on May 19, 201 to Defendant C’s account, the husband of the Plaintiff, from May 19, 201 to Defendant C’s account, the infant of Defendant B, respectively.

(3) There was no fact that the Plaintiff was investigated into the livestock industry facilities that the Plaintiff purchased from LH Corporation, or was confirmed as the owner, or was granted the land for taking measures for living.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and 2, the purport of the whole pleadings

B. According to the above facts of recognition, Defendant B’s dispute over the scope of the above performance obligation between May 21, 2016 and the following day after the delivery of a copy of the complaint of this case, as sought by the Plaintiff, as to the down payment and intermediate payment paid by the Plaintiff to the Plaintiff, and as requested by the Plaintiff.

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