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(영문) 수원지방법원평택지원 2019.04.03 2018가단63158

매매대금반환

Text

1. As to KRW 100,500,000 among the plaintiffs and KRW 67,000 among them, the defendant shall start from August 10, 2018 to November 2, 2018.

Reasons

1. Basic facts

A. On March 10, 1993, the Plaintiffs concluded a real estate sales contract with the Defendant for the purchase price of KRW 70,000,000,000 for the amount of KRW 8 million on April 17, 1993; KRW 30,000 on April 17, 1993; KRW 126 (hereinafter “D land”); KRW 136 (hereinafter “E”); and KRW 41 (hereinafter “F land”); and KRW 32 million on April 28, 1993; and KRW 32 million on April 28, 1993.

However, since F land was owned by G, the Defendant agreed to take responsibility with G cooperation and implement the procedure for the transfer registration of ownership of each of the instant land to the Plaintiff, since F land was owned by G.

B. The plaintiffs paid KRW 8 million to the defendant on March 10, 1993, KRW 15 million on March 30, 1993, KRW 15 million on April 19, 1993, KRW 8 million on May 15, 1993, and KRW 20 million on May 20, 1993, but the defendant failed to comply with the procedures for the registration of ownership transfer of each of the land of this case because he did not obtain cooperation from G. The defendant reduced the purchase price to KRW 65 million on May 24, 1994, and the defendant confirmed the transfer of the purchase price to a person designated by the purchaser on June 30, 1994 without any condition, and prepared a certificate of confirmation and response to all subsequent civil and criminal matters and confirmed that the purchase and sale of the land of this case should be jointly and severally liable.

C. However, the Defendant failed to transfer the registration of transfer to the Plaintiffs within the above agreed date, and received additional KRW 6 million from the Plaintiffs on January 4, 1995, and agreed to the registration of transfer of ownership with respect to each of the instant land by February 25, 1995, but failed to comply with the said promise.

Accordingly, the plaintiffs are prohibited from disposing of each land of this case (E land owned by the defendant) by Cheongju District Court 95Kadan4518 on September 18, 1995.