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(영문) 수원지방법원 2019.05.15 2017가합30227
계약해제 등
Text

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

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

Reasons

1. Basic facts

A. Defendant B entered into a contract with the F, which operated the apartment sales business of the apartment called “E” in the Malaysia Macro Stick D, to sell the above apartment 2 bonds (G, H, and hereinafter “each apartment of this case”).

B. Around June 2008, the Plaintiff entered into a contract with Defendant B to purchase the right to sell each of the instant apartment units (hereinafter “instant contract”), and paid KRW 60 million to Defendant B, and remitted KRW 30 million in total to Defendant C’s account designated by Defendant B on June 4, 2008 and on June 10, 2008.

C. In addition, the Plaintiff paid F KRW 150 million to F, and on July 7, 2008, entered into a sales contract with F on each apartment of this case. D.

Since then, the Plaintiff filed a complaint with F as the ownership of each apartment of this case was not transferred, and F had the intention or ability to sell the above apartment, and F had the Plaintiff acquired KRW 240 million from the Plaintiff on June 2008, by deceiving the Plaintiff, by means of criminal facts, following the Defendant’s conviction on November 5, 2014 (Seoul Western District Court Decision 2013Ma188). The judgment became final and conclusive as it is.

【Ground of recognition】 The fact that there is no dispute, Gap 1, 2, 4, 5, Eul 1, and the purport of the whole pleading

2. The assertion and judgment

A. Plaintiff’s assertion 1) The Plaintiff purchased each apartment of this case from Defendant B and paid a total of KRW 240 million. However, the above Defendant’s obligation for the registration of ownership transfer under the contract of this case was in an impossible condition, and the Plaintiff cancelled the contract of this case due to the above reasons. As such, Defendant B is obligated to return to the Plaintiff KRW 240 million due to restitution. Defendant C received KRW 30 million from the Plaintiff, and thus, Defendant C received KRW 30 million from the Plaintiff.

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