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(영문) 의정부지방법원고양지원 2020.08.14 2019가단86644

매매대금반환

Text

Defendant C’s KRW 135,00,000 and its amount are 5% per annum from January 5, 2016 to November 1, 2019.

Reasons

1. Facts of recognition;

A. On January 4, 2016, Defendant B issued a written consent on the sale of ownership of ownership of ownership of ownership of ownership of ownership of ownership of ownership of ownership of ownership of ownership of ownership of ownership of ownership of ownership of ownership of ownership of ownership of ownership of ownership of ownership of ownership of ownership of ownership of ownership of ownership of ownership of ownership of ownership of ownership of ownership of ownership of ownership of ownership of ownership of ownership of ownership of ownership of ownership of ownership of ownership of ownership of ownership of ownership of ownership of ownership of ownership of ownership of ownership of ownership of ownership of ownership of ownership of ownership of ownership of ownership of ownership of ownership of ownership of ownership of ownership of ownership of ownership of ownership of ownership of ownership of ownership of ownership of ownership of ownership of ownership of ownership of ownership of ownership of ownership of ownership of ownership of ownership of ownership of ownership of ownership of ownership of ownership of ownership of ownership of ownership of ownership.

3) Defendant B received KRW 65,00,00 from Defendant C for the purchase price from January 4, 2016 to April 2016. (b) On January 4, 2016, the Plaintiff and Defendant C, representing the Plaintiff and Defendant C, concluded a sales contract with Defendant C for the purchase price of KRW 130,00,00 for the purchase price for the right to purchase the instant migrants’s housing site (hereinafter “instant sales contract”). From Defendant C, around January 4, 2016, the Plaintiff would sell the ownership of the instant migrants’ housing site at LH Corporation within one year. The right to sell the instant migrants’s housing site does not have any legal problems, and all the delegation documents pertaining thereto are available, and thus, Defendant C as Defendant B’s agent, concluded a sales contract with Defendant C for the purchase price of KRW 130,000,000 for the right to purchase the instant migrants’ housing site (hereinafter “instant sales contract”).

2. On the same day, the Plaintiff paid KRW 50,00,000 to Defendant C. However, on the ground that Defendant C did not pay the purchase price in lump sum, the Plaintiff additionally demanded the purchase price of KRW 5,00,000 and paid KRW 85,00,000, including the above additional purchase price, around January 5, 2016, and received the documents for securing the instant right from Defendant C.