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(영문) 울산지방법원 2016.09.06 2015가단29625

매매대금반환 등

Text

1. Defendant B’s KRW 160 million with respect to the Plaintiff and KRW 15% per annum from December 15, 2015 to the date of full payment.

Reasons

1. Basic facts

(a) Real estate subject to sale is 1) G 1943m2 (hereinafter “land before subdivision”) G 1943m2 (hereinafter “land before subdivision”) in Ulsan-gu, Ulsan-gu.

On November 25, 2013, Defendant D (1/2 equity) and Defendant E (1/2 equity) were completed with respect to the land before subdivision. (2) The land before subdivision was divided into H, I, J, K, L, and M.

3) Nlux 178 square meters (hereinafter “No. 2”).

On June 3, 1997, the registration of ownership transfer was completed in Defendant C’s future on June 3, 1997. (b) As to Defendant D and E, on November 26, 2013, the “land before division” was delegated to Defendant B with regard to the “land before division”.

The power of attorney (hereinafter referred to as “the power of attorney in this case”) states as follows: “I swear that I will delegate to the above (Defendant B) all acts regarding the request for cadastral survey, on-site attendance, and application for land alteration, and real estate sales and purchase contract, and that I will be responsible for any subsequent civil or criminal accidents.”

2) The power of attorney has a column for the deposit of the sales contract, and the account number (O) and Q Q. C. The conclusion of the sales contract was made on April 16, 2014 by Defendant D and E’s agent, and Defendant D and E’s land purchase price of KRW 260 million to “one other” (hereinafter “the first sales contract”).

The main contents are as follows:

Down payment of 20 million won

In the event that a real estate sales contract is concluded on May 16, 2014 without intermediate payment: “The real estate sales contract becomes effective upon deposit into the following account. The “DO party to the real estate sales contract and the deposit account for the sales amount” may claim damages against the other party according to the termination of the contract, and the down payment shall be based on the compensation for damages, unless otherwise agreed.