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(영문) 의정부지방법원 2017.09.06 2015가합2680
매매대금반환
Text

1. On the Plaintiff (Counterclaim Defendant),

A. Defendant B’s KRW 488,490,00 and as to this, from December 3, 2016 to September 6, 2017.

Reasons

1. Basic facts

A. From November 2005, the Plaintiff started financial transactions with Defendant C from November 2005. (2) The Plaintiff operated an engine-related maintenance plant (maintenance facility) with automobile and power generator, and around 2008, purchased 1,000 square meters out of 15,992 square meters out of D forest and E-owned forest and forest and F forest and forest and land owned by Defendant C in order to use it as a new site for the maintenance plant.

3) On March 17, 2009, the F forest land of 15,992 square meters was converted into G forest of 16,214 square meters in Namyang-si, Namyang-si. The said G forest land was divided into G forest of 9,273 square meters and H forest of 6,941 square meters on the 18th of the same month, and the said G forest of 9,273 square meters was converted into a warehouse site on May 12, 2009 (hereinafter the said G warehouse site was referred to as “G land”).

(2) On November 25, 201, the part sold by the Defendants to the Plaintiff is 1,000 square meters designated by the purchaser among the permitted areas on H forest 5,489 square meters and 1,452 square meters of H forest. The part sold by the Defendants to the Plaintiff is 1,000 square meters designated by the purchaser (hereinafter “H forest”) and 1,00 square meters, which is the subject matter of sale, are 1,00 square meters of the subject matter of sale.

B) On March 11, 2008, the Plaintiff concluded a sales contract with Defendant B to purchase 50 million square meters (1650 square meters) out of the instant land from March 11, 2008, and the Plaintiff agreed to pay KRW 150 million out of the down payment amount to KRW 200 million until March 14, 2008 at the time of the contract, the remainder of KRW 50 million shall be paid up to March 14, 2008, and the remainder of KRW 950 million shall be paid in lieu of bank loans, but at the same time with the transfer of ownership in April 2008, those days agreed to consult.

The Plaintiff paid KRW 200 million to Defendant B on the date of payment of the down payment.

The above sales contract provides that "the access roads shall be jointly used," and "the sale volume shall be equal to the defendant B and the defendant C, from 1,000 of the permitted area," and this shall also apply to the current status survey attached to the sales contract at the time as follows.

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