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(영문) 수원지방법원 평택지원 2017.02.15 2016가단42171

매매대금반환

Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Both claims;

A. The Plaintiff’s assertion 1) On July 24, 2012, on the part of the Defendant, the Plaintiff is not a party to the instant land (hereinafter “instant land”).

Of the separate sheet Nos. 1, 2, 3, 4, and 1, “the part on the purchase of the plaintiff” (hereinafter referred to as “the plaintiff’s claim”) which successively connects each point of the separate sheet No. 1, 2, 3

(2) The Defendant’s obligation to transfer the ownership of the Plaintiff’s land asserted against the Plaintiff was impossible to perform social norms, and the Defendant’s above act was refused to perform the obligation to transfer the ownership of the Plaintiff’s land, and thus, the Defendant’s obligation to transfer the ownership of the Plaintiff’s land against the Plaintiff was denied, and thus, the Plaintiff and the Defendant rescinded the sales contract between the Plaintiff and the Defendant by serving a duplicate of the instant complaint, on the day of the contract. Nevertheless, around July 18, 2014, the Defendant sold part of the Plaintiff’s land alleged to D and E, to D and E, and subsequently transferred the right to claim ownership transfer registration as well as the right to claim ownership transfer registration as to the part of the instant land alleged to the Plaintiff.

Even if the Defendant’s default of obligation is not recognized, the Plaintiff started an auction procedure on the instant land on November 29, 2013, and demanded the Defendant to cancel the above sales contract until recently, and the Defendant consented thereto, so the above sales contract was rescinded.

3. Therefore, the Defendant, instead of the part on the land in question, returned to the Plaintiff KRW 50 million for the down payment, KRW 636,00 for the expenses incurred in completing the registration of the Plaintiff’s claim for ownership transfer in the name of the Plaintiff as to the share of KRW 1488/3967 among the land in this case, and KRW 57,535,266 for the total interest paid by the Plaintiff to the mortgagee on the land in this case at the Defendant’s request, and KRW 57,535,266 for the civil construction cost incurred by the Plaintiff on the part of the land in question.