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(영문) 서울중앙지방법원 2015.02.04 2014가합40652

매매대금반환등

Text

1. Defendant D’s KRW 9,200,000 as well as 5% per annum from October 3, 2014 to February 4, 2015 to the Plaintiff.

Reasons

The summary of the case is the case where: (a) the Plaintiff, the buyer of each real estate listed in the separate sheet (hereinafter “instant land”); (b) the Defendant B and C, the seller, filed a claim for the return of unjust enrichment or for the return of the remainder of the down payment and the restoration to original state on the grounds that the sales contract was revoked or terminated; (c) the Plaintiff filed a claim for the return of unjust enrichment and the remainder of the down payment and the restoration to original state (i.e., KRW 10 million (i., KRW 70 million, delayed interest at KRW 30 million, KRW 50 million, and KRW 40 million) with the Defendant C9,000), and (b) the Defendant D, the broker, filed a claim for the return of unjust enrichment of the amount equivalent to the brokerage commission for tort or nonperformance related to the brokerage, construction design, and civil construction cost; and (d) the Plaintiff, such as the conclusion of the sales contract and the payment of the down payment, were to be paid KRW 500,000,000,00 for the Defendants B and C.12.

On May 24, 2013, the Plaintiff, including the payment of interest late interest, failed to prepare any balance at the payment date of the remainder, and instead, was deferred by August 23, 2013, and paid the Defendant B the balance interest at KRW 30 million.

In this regard, the contents of the statement prepared by the plaintiff and certified as a deed signed by private persons are as follows.

The Plaintiff, as to the instant land on January 24, 2013, pays to the seller the remainder interest of KRW 30 million for the remainder of the contract, and if the Plaintiff fails to pay the remainder by August 23, 2013, he/she does not pay all the expenses necessary for the permit and the full amount of the down payment, and the Plaintiff did not pay any balance and deferred on August 23, 2013.