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(영문) 서울동부지방법원 2016.12.26 2015가단25854
편취금
Text

1. The Defendant’s KRW 122,50,000 as well as 5% per annum from September 3, 2016 to December 26, 2016 to the Plaintiff.

Reasons

As the cause of the instant claim, the Plaintiff, around June 27, 2006, purchased the amount of 112,00,000 won to the Plaintiff by dividing the amount of 1,600 square meters in Seo-gun, Chungcheongnam-gun (hereinafter “instant real estate”) into 500 and selling it as the site for electric source housing, and concluded a real estate sales contract for the instant real estate and received a total of 112,00,000 won from June 27, 2006 to August 31, 2006. Since the instant real estate was registered under the name of the Defendant’s father, it was impossible for the Defendant to perform the obligation to transfer the ownership of the real estate sold to a third party for auction, the Plaintiff cancelled the purchase price and sought the return of the purchase price, and the Defendant, even though it did not perform the business of selling department stores, shall be deemed to have been obtained at around 500, July 21, 2008, and shall be deemed to have been acquired at least 3000,0100.

Therefore, the defendant is obligated to pay the plaintiff 122,50,000 won in total (=112,00,000 + 500,000 + 10,000,000 won + 10,000,000) as compensation for the return of purchase price and the money acquired through deception and the amount at the rate of 5% per annum under the Civil Act from September 3, 2016 to December 26, 2016, which is clearly recorded that the date of delivery of a copy of the complaint of this case, as the plaintiff seeks after the date of payment and acquisition of the purchase price, and as the plaintiff seeks, from September 3, 2016 to December 26, 2016, 15% per annum under the Act on Special Cases concerning Expedition, etc. of Legal Proceedings from the next day to the date of full payment. Thus, the plaintiff's claim of this case of this case is justified within the scope of recognition as above, dismissed as the remainder is without merit,

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