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(영문) 대전지방법원 2015.06.11 2014가단38668
매매대금반환 및 손해배상(기)
Text

1. As to KRW 40,00,000 for each of the Plaintiffs and KRW 27,500,000 for each of the Plaintiffs, the Defendant shall from July 4, 2014 to October 8, 2014.

Reasons

1. Basic facts

A. On July 4, 2014, the Plaintiffs purchased at KRW 253,60,000, 1,000 square meters for E, 996 square meters for the Defendant’s agent and Sejong Special Self-Governing City owned by the Defendant (hereinafter “instant real estate”). However, the Plaintiffs concluded a sales contract to pay KRW 25,00,000 for down payment and KRW 30,000 for intermediate payment and KRW 30,000 for intermediate payment on the date of the contract (hereinafter “instant sales contract”) on August 22, 2014 (hereinafter “instant sales contract”).

B. On July 4, 2014, the date of the instant sales contract, the Plaintiffs deposited KRW 40,000,000 in the name of down payment and intermediate payment into the Defendant’s account.

(As seen in the rear, it is the main issue of this case whether the plaintiffs paid 40,000,000 won to the defendant's account on July 4, 2014 and paid 15,00,000 won to D as the remaining down payment and intermediate payment.

On August 22, 2014, the remaining payment date of the Plaintiffs, the Plaintiffs demanded the Defendant to implement the procedure for the registration of ownership transfer of the instant real estate by preparing for the remaining KRW 198,600,000,000, which is the remainder payment date, but the Defendant did not receive KRW 15,000 from the intermediate payment, and refused to implement the procedure for the registration of ownership transfer.

On August 26, 2014, the Plaintiffs received the remainder of payment to the Defendant by September 6, 2014, and performed the procedure for ownership transfer registration, and if they did not implement the procedure by September 6, 2014, sent the content-certified mail stating that they would cancel the instant sales contract. On August 27, 2014, the Plaintiffs sent the above content-certified mail to the Defendant.

E. Even after receiving the above content-certified mail, the Defendant did not provide the Plaintiffs with documents necessary for the registration of transfer of ownership of the instant real estate.

[Ground of recognition] Facts without dispute, Gap evidence 1, Gap evidence 3, Eul evidence 1, the purport of whole pleadings

2. Determination:

A. The 15,000 won deposited to the Defendant’s account at the time when the Plaintiffs entered into the instant sales contract, and thereafter deposited to D who represented the Defendant.

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