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(영문) 서울중앙지방법원 2015.02.06 2014가합17218

부동산매매대금반환

Text

1. The defendant, as the foundation of the plaintiff, 306,00,000 won, and 87,422 to the plaintiff A and B, respectively, to the 306,00,00,000 won.

Reasons

1. Indication of claim;

A. On June 20, 2008, the Plaintiff Incorporated Foundation (hereinafter “Plaintiff Foundation”) entered into a sales contract with the Defendant that the Plaintiff Foundation purchases KRW 1,984 square meters prior to Pyeongtaek-si from the Defendant, and paid KRW 3.6 million as contract deposit and intermediate payment. On June 5, 2008, Plaintiff A and B entered into a sales contract with the Defendant that the said Plaintiffs purchase KRW 680 square meters prior to Pyeongtaek-si from the Defendant for KRW 34,845,00 for contract deposit and intermediate payment. On June 30, 2008, the Plaintiff and the said Plaintiffs purchased KRW 174,845,00 for contract deposit and intermediate payment. Plaintiff C and D purchased KRW 2375,781,7785,7785,7785,777,7781,7700 from the Defendant and the said Plaintiffs.

B. Each of the above lands was located within the land transaction permission zone at the time of entering into each of the above sales contracts, but was released from the land transaction permission zone around January 31, 2012. The Defendant is obligated to cancel the limited real right, such as seizure, provisional disposition, provisional seizure, provisional registration, etc. of each of the above lands according to each of the above sales contracts, and to perform the procedure for the registration of transfer of ownership of each

However, notwithstanding the plaintiffs' peremptory notice, the defendant delays the implementation of the procedure for the registration of ownership transfer for each of the above lands.

(Plaintiff Foundation, A, and B have prepared the balance unpaid and notified the Defendant of the receipt of the balance and the performance of the transfer registration procedure).

Accordingly, the plaintiffs cancel the relevant sales contract through the delivery of the duplicate of the complaint of this case. The defendant, as restitution, is the plaintiff foundation, with the amount of KRW 3.6 million paid by the defendant to the plaintiff foundation from the plaintiff foundation, KRW 1/2 of KRW 174,845,00 that the defendant received from the above plaintiffs foundation, KRW 87,422,50, and delay damages.