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(영문) 서울중앙지방법원 2018.01.09 2016가단111407
매매대금 반환 등
Text

1. The plaintiff's respective claims against the defendants are dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Facts of recognition;

A. On November 28, 2012, the Plaintiff purchased shares of KRW 441/92 from the Defendant Gold aluminium Co., Ltd. (hereinafter “Defendant Gold aluminium”); KRW 65,350,00,000; KRW 41/6,279; shares in Category C forest 6,279; KRW 8/1,023; and KRW 6/79,000,000, out of KRW 73,50,000,000 (hereinafter “instant sales contract”); and around that time, the Plaintiff paid the Defendant Gold Subdivision for the total purchase price of KRW 73,50,00,00.

B. On December 2012, the Plaintiff delegated a certified judicial scrivener with the registration of ownership transfer of each of the above lands (hereinafter “each of the instant lands”) and paid KRW 3,827,00,00 to the certified judicial scrivener. Of each of the above lands, the Plaintiff completed the registration of ownership transfer with respect to each of the purchase shares among Gangseo-gun B forest and C forest and land in Gangseo.

[Ground of recognition] Facts without dispute, Gap evidence 1-1, 2, 3, 4, Gap evidence 2-1, 2, and Gap evidence 4, the purport of the whole pleadings

2. The Plaintiff’s assertion is the Defendant Korea Land Bank Co., Ltd. (hereinafter “Defendant Korea Land Bank”), which is a party to the instant sales contract, and thus, it is a company that is practically one of the Defendant Gold aluminium, and thus, under the premise that the instant sales contract was cancelled or cancelled for the following reasons, or that the said sales contract was concluded in violation of relevant Acts, the Defendants are jointly obligated to pay the Plaintiff the purchase price of KRW 73,500,000, registration cost of KRW 3,827,000, total of KRW 77,327,00,000, and damages for delay.

The Defendants planned to develop each of the instant lands in relation to the Pyeongtaek Winter Olympic Winter Games, so it was possible to divide land by purchasing such shares, as well as each of the said lands at the time of the on-site inspection.

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