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(영문) 서울동부지방법원 2017.12.08 2017가단107910
매매대금반환
Text

1. The Plaintiff, Defendant B, Defendant C, Defendant C, KRW 2,771,271, and each of the said money from August 12, 2017 to December 2, 2017.

Reasons

1. Facts of recognition;

A. Defendant B is an owner of 2/3 shares in the real estate listed in the separate sheet (hereinafter “instant building”); and Defendant C is an owner of 1/3 shares in the same real estate.

B. On November 30, 2012, D, the Plaintiff’s agent, entered into a sales contract with the Defendants to pay the sales price of KRW 300 million as to the instant building, and the down payment of KRW 20 million as the intermediate payment of KRW 120 million as of the time of the contract, and the remainder of KRW 160 million as of December 6, 2012, and the remainder of KRW 160 million as of December 6, 2014.

(hereinafter “instant sales contract”). C.

The Plaintiff paid the Defendants the down payment of KRW 20 million on the day of the instant sales, and KRW 100 million on December 6, 2012.

On April 29, 2014, the Defendants expressed their intent to cancel the instant sales contract on the grounds of the Plaintiff’s failure to pay the remainder.

E. As a dispute arises between the Plaintiff and the Defendants on whether to pay the balance, and whether to cancel the sales contract, the Plaintiff filed a lawsuit against the Defendants, such as the registration of ownership transfer, on the premise that the instant sales contract still remains valid.

Accordingly, the Defendants asserted that the instant sales contract was lawfully rescinded in the instant case and filed a counterclaim claiming payment of KRW 31,956,660 for damages incurred by believing that the instant sales contract was valid.

[Plaintiff-Appellee] Seoul Eastern District Court 2014Kadan119356 (principal lawsuit), 2015Kadan107565 (Counterclaim) (Counterclaim). On August 26, 2015, the above court held that the sales contract of this case was lawfully rescinded by the notice of the Defendants’ cancellation on April 29, 2014, and dismissed all Plaintiff’s claims and accepted all Defendants’ counterclaims claims.

(hereinafter “Prior Judgment.” Although the Plaintiff appealed, the Plaintiff’s appeal was dismissed on August 12, 2016 (Seoul Eastern District Court 2015Na25206, 2015Na25213 (Counterclaim)). The Prior Judgment is difficult.

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