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(영문) 수원지방법원 2016.04.05 2015가단143979

기타(금전)

Text

1. The Defendant: (a) KRW 100,100,000 to the Plaintiff (Appointeds) and the Appointed C; and (b) from September 17, 2015 to September 30, 2015, respectively.

Reasons

1. Facts of recognition;

A. On September 1, 2014, the Plaintiff (designated parties; hereinafter the Plaintiff and the Appointed C (hereinafter the Plaintiff and the Selected parties; hereinafter the Plaintiff et al.) and the selected C (hereinafter the Plaintiff et al.) sold the instant commercial buildings in KRW 186,00,00 each of the 301, 302, 303, 304, 305, 306, and 307 (hereinafter the instant commercial buildings) from the Defendant among the D commercial buildings in the building in the Gosi-si-si, Young-si, Chungcheongnam-si, G from the Defendant on September 1, 2014, the Defendant agreed to return the principal of the investment to the Plaintiff et al. (hereinafter the agreement to return the principal of the goods unsold in lots by the time of completion). The Defendant shall mutually cooperate with the 14,300,000 won by the time of completion.

B. On January 7, 2015, the Defendant and the Plaintiff, etc. agreed to pay KRW 50,000,000 to the Plaintiff, etc. for the sales contract for the instant commercial buildings within one month after the completion of the building. The Plaintiff, etc. renounced the sales contract and returned the sales contract to the Defendant. The Defendant agreed to pay KRW 14,30,000 per household for the sales contract for the instant commercial buildings.

C. On April 9, 2015, the Defendant notified the Plaintiff, etc. of the termination of the contract in accordance with the terms and conditions of the agreement on September 1, 2014, and on April 10, 2015, on the instant commercial buildings, on April 10, 2015, registered the establishment of a right to lease on a deposit basis with Hyundai Mos.

Grounds for Recognition: Facts without dispute, Gap evidence 1, 2, 3, Eul evidence 1-1 to 4, the purport of the whole

2. According to the facts of determination as to the cause of the claim, the Defendant decided to mutually cooperate with the Plaintiff, etc. who purchased the instant commercial buildings on September 1, 2014, to sell the instant commercial buildings, and paid KRW 14,300,000 per each room as proceeds from the sale of the commercial buildings, and the Defendant paid the instant commercial buildings.