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(영문) 대전지방법원 2018.12.20 2018나100685
매매대금
Text

1. Of the part against Defendant B in the judgment of the court of first instance as to Defendant B, the following amount of payment order is applicable.

Reasons

1. Basic facts

A. On December 29, 2005, the Plaintiff entered into a sales contract with Defendant B Co., Ltd. (the trade name at the time is “Co., Ltd.”, and the director on the registry is “Defendant B”; hereinafter “Defendant B”), with which the Plaintiff would purchase a F 661m2 (hereinafter “F land”) from Defendant B from Chungcheongnam-si, Chungcheongnam-si, Chungcheongnam-do, Chungcheongnam-do, and the Plaintiff would purchase a F 661m2 (hereinafter “F ”) amounting to KRW 99 million (hereinafter “instant sales contract”). On the same day, the Plaintiff deposited KRW 90 million into Defendant B.

B. F land was owned by G; H on December 30, 2005, in the future H and E on December 29, 2005, the transfer registration for ownership was completed once 1/2 shares each on the grounds of sale as of December 29, 2005; E transferred its entire shares on the same day to I on the grounds of sale as of December 29, 2005.

C. The land JJ 661 square meters (hereinafter “J land”) was owned by G, and the registration of ownership transfer was completed on December 30, 2005 due to sale as of December 29, 2005, and E completed the registration of ownership transfer on the same day on December 29, 2005.

On or around December 30, 2005, the Plaintiff received a registration right certificate from Defendant B and kept it up to the present. However, the sales contract attached to the registration certificate necessary for the registration of transfer of ownership is written as “Sesan-si J. J. J. J. J. 61m2, “sale price”, “sale price”, “E., and “Plaintiff” as the subject matter of sale. [Grounds for recognition] There is no dispute, and Party A’s evidence 2, 3, and 7 (including a serial number; hereinafter the same shall apply).

2. The following facts: Eul evidence 1, Eul evidence 2-1, Eul evidence 2-1, the purport of the whole pleadings

2. As to the claim against the defendant B

A. As to the assertion on the cancellation of the fraud and rescission of the instant sales contract, the grounds for this part are as stated in the reasoning of the judgment of the court of first instance, and thus, they are cited in accordance with the main sentence of Article 420 of the Civil Procedure Act.

B. As to the allegation that the sales contract of this case is null and void, one party’s assertion.

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