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(영문) 의정부지방법원 2014.02.13 2013가합239
계약금반환 등
Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. On July 11, 2012, the Plaintiffs and D purchased land E, F, and G (hereinafter “each of the instant lands”) from the Defendant. Each of the instant lands was dead. However, the Plaintiff, the occupation right holder of H ditches (hereinafter “the instant ditches”) abutting on each of the instant lands, was assigned the right to occupy and use. The Defendant and D, the broker, also acquired the said right to occupy and use, thereby resulting in the conclusion of the sales contract by soliciting the conclusion of the sales contract.

However, after the conclusion of a sales contract, I did not have the right to occupy and use the ditch of this case.

Ultimately, the Plaintiffs were to enter into a sales contract by deceiving Defendant J, and I, and thus, the instant sales contract shall be revoked as a declaration of intent by deceiving the instant sales contract.

Meanwhile, inasmuch as Plaintiff A received a claim for return of unjust enrichment equivalent to the down payment returned from D due to the cancellation of the instant sales contract, the Defendant is obligated to pay Plaintiff A the amount of KRW 100,000,000, and KRW 50,000,000 and delay damages therefor.

2. According to Gap's evidence Nos. 1 and 5 as to the cause of the claim, each of the lands of this case is so-called so-called master without access roads, and the plaintiffs and D purchased each of the lands of this case from the defendant on July 11, 2012 from the defendant in the purchase price of KRW 1,457,400,00 (hereinafter "the above sale contract of this case"), I prepared a written statement of transfer of river site transfer to the plaintiffs, who are the purchaser of each of the lands of this case, and D, that the right to occupy and use the ditches of this case is transferred to the plaintiffs and D. The plaintiffs and D paid the down payment of KRW 150,00,000 to the defendant on the date of the contract of this case, and D paid the down payment of KRW 150,00,000 on the date of the contract of this case to the plaintiff around December 1, 2012.

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