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(영문) 수원지방법원 2018.02.08 2017가단11021
불법행위로 인한 계약금반환
Text

1. The Defendant (Counterclaim Plaintiff) paid KRW 25,00,000 to the Plaintiff (Counterclaim Defendant) and its amount from April 19, 2017 to February 8, 2018.

Reasons

1. Facts of recognition;

A. The Plaintiff owned a Del on the land outside Jincheon-gun, Jincheon-gun, and 1, but concluded a sales contract with the Defendant on August 6, 2009 (hereinafter “F”) to purchase the above-ground building at KRW 28,600,00 (hereinafter “the first sales contract”). In order to use it as the parking lot site of the said Maur, the Plaintiff concluded a sales contract to purchase the above-ground building at KRW 28,60,00.

At the time of the above sales contract, the Plaintiff agreed to pay the Defendant the down payment of KRW 16 million and the intermediate payment of KRW 16 million on August 6, 2009, and the remainder of KRW 80 million on January 31, 2010 respectively.

B. When the Plaintiff and the Defendant concluded the instant first sales contract, the Plaintiff and the Defendant agreed to deduct KRW 100 million from the purchase price of the instant first sales contract the said subject matter for the same day, with the lease period from August 6, 2009 to August 6, 2010, the deposit amount of KRW 100 million to be paid to the Plaintiff when the Plaintiff concluded a lease contract with the Defendant to lease to the Defendant.

On the same day, the Plaintiff paid the remainder down payment to the Defendant.

C. G on December 1, 201, and H on behalf of the Plaintiff, purchased the Plaintiff’s purchase price of KRW 380,000,000,000 from the F and Chungcheongnam-do I land (hereinafter “J”), and the down payment of KRW 35,70,000,000 for intermediate payment of KRW 150,000 and KRW 94,80,000,000 for remainder payment of KRW 150,000 at the time of the contract, and the remainder of KRW 100,000 for each payment on January 7, 2012 to the Plaintiff’s succession to the Defendant’s agricultural loans (hereinafter “the second sales contract”). D.

On January 20, 2012, the amount of KRW 25 million was remitted from the agricultural bank account under the name of the plaintiff to the defendant's account.

E. K: (a) as to F and J on January 27, 2012, KRW 110 million out of the purchase price of KRW 380,000,000,000 shall be the notarial deed of promissory notes drawn up by the Plaintiff, in which K succeeds to the obligations of Nonghyup loans on each of the above lands and deducts KRW 55,00,000,000,000,000 already paid, from the remainder of KRW 215,000,000,000.

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