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(영문) 서울중앙지방법원 2014.12.18 2013가단5145299

매매대금반환

Text

1. The Defendants shall jointly and severally serve as KRW 34,00,000 on the Plaintiff and as a result, from February 4, 2006 to November 5, 2013.

Reasons

Comprehensively taking account of the statements in Gap evidence Nos. 1 through 7 and witness Eul's testimony, defendant Eul entered into a contract with the plaintiff on July 29, 2004 to sell 45 million won forest E 4-2 forest land (the real estate of this case) to the plaintiff on July 29, 2004 (hereinafter "the sales contract of this case") and received 34 million won in total as the sales price by February 3, 2005. The defendant Eul, the defendant Eul, the denial of the sale of the real estate of this case, was liable as a guarantor if the sale of the real estate of this case was erroneous; the defendant Eul did not transfer the ownership of the real estate of this case to the plaintiff; and the plaintiff's side requested the return of the sales price paid to the defendant Eul around February 3, 2006 and notified the purport of cancelling the sales contract of this case.

According to the above facts, since the sales contract of this case was terminated, the defendants are jointly and severally obligated to pay to the plaintiff 34 million won as restitution, and the damages for delay calculated at the rate of 5% per annum prescribed by the Civil Act from February 4, 2006 to November 5, 2013, which is the delivery date of the complaint of this case, and 20% per annum as prescribed by the Act on Special Cases concerning Expedition, etc. of Legal Proceedings from the next day to the day of full payment.

Therefore, all of the plaintiff's claims are accepted as reasonable.