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(영문) 수원지방법원 2014.11.28 2014가합60081

손해배상(기)

Text

1. The Defendant’s KRW 150,000,000 as well as the Plaintiff’s annual rate from June 4, 201 to November 28, 2014.

Reasons

1. Basic facts

A. A. Around June 1998, the Defendant purchased the unit D 1,226 square meters (hereinafter “the instant land”) from Ansan-si, Ansan-si, and acquired the right to use and purchase the unit E-U.S. land leased by C (hereinafter “the instant land No. 2”).

B. 1) Around December 1, 2002, the Plaintiff entered into a sales contract with the Defendant with respect to the land No. 1, which was still named C, with the sales price of KRW 27 billion, and the down payment of KRW 150 million is KRW 150 million at the time of the contract, and entered into a sales contract with the purport that the remainder of KRW 57 million shall be paid to December 28, 2002 at the time of the contract, and the Plaintiff shall pay the purchase price of KRW 43 million at the time of the transfer payment as to the right to use the land No. 2, which is the State-owned land, as well as the acquisition price of KRW 43 million at the time of December 28, 2002 (hereinafter the above contract collectively and collectively referred to as the “instant contract”).

(2) On December 2, 2002, the Plaintiff paid KRW 150 million to the Defendant the down payment under the above contract.

C. On October 20, 2010, the registration of ownership transfer was made in the name of the Defendant with respect to the land No. 1 in this case.

1) The Plaintiff’s son-Nam delegated by the Plaintiff’s authority regarding the instant contract (hereinafter “Plaintiff”)

(2) On October 15, 2010, around October 14, 2010, the Defendant made a written confirmation that “I will return all the down payment to the Plaintiff, the buyer, because the seller was not performing the contract due to the circumstances of the Defendant,” and the Defendant again promised to return the down payment received by the Defendant, the buyer, as agreed in the contract, to the Plaintiff as the buyer, according to the terms agreed in the contract.”

The date of payment.