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(영문) 수원지방법원성남지원 2019.08.29 2019가단206413

보관금

Text

1. As to the Plaintiff A’s 42,00,000 won, 28,000,000 won against the Plaintiff B, and each of the above amounts, from March 30, 2019.

Reasons

1. Ten persons including the Defendant, on October 7, 2016, purchase the land located in E (hereinafter “instant land”) from the Plaintiffs and D for KRW 1,538,700,00. The down payment of KRW 180,000 shall be paid on the date of the contract, and the remainder of KRW 1,358,70,000 shall be paid on October 27, 2016 (hereinafter “instant sales contract”). The instant land sold to the Defendant and the neighboring land owned by the Plaintiffs need to carry out urban gas acquisition construction work together. The Defendant’s remaining land should be paid to the Plaintiffs on October 27, 2016, and there is no need to acknowledge the remainder of the agreement to keep urban gas in preparation for the Defendant’s loss of urban gas construction cost (hereinafter “the aforementioned agreement”). The remainder of the agreement between the Plaintiffs and the Defendant’s remaining land, which is the remainder of the previous land and the Defendant’s remainder of the remaining land sold from the Defendant.

2. According to the facts of the above recognition, the agreement between the plaintiffs and the defendant on the money storage was a juristic act under which the condition of rescission is that urban gas input construction is not done on the neighboring remaining land owned by the plaintiffs. Since the two-year period after the above agreement was passed, the plaintiff was no longer required to perform urban gas input construction works on the land of this case, and the above condition of rescission is fulfilled, the agreement on the money storage was null and void.

I would like to say.

Therefore, as requested by the plaintiffs, 42,00,000 won out of the custody amount shall be 5% per annum as stipulated in the Civil Act from March 30, 2019 to August 29, 2019, where it is deemed reasonable for the defendant to dispute against the plaintiff B as to the existence of the obligation to perform as to the delivery date of the complaint in this case from March 30, 2019.

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