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(영문) 서울중앙지방법원 2018.12.18 2017가단5146344
매매대금반환
Text

1. Defendant B’s KRW 28,00,000 and the Plaintiff’s annual rate of KRW 5% from September 10, 2013 to December 18, 2018.

Reasons

A. On December 24, 2010, the Republic of Korea (the Office of Administration: the Office of Administration) completed the attachment registration (hereinafter “instant attachment”) with respect to the portion owned D in the instant land, which remains D (hereinafter “instant attachment”).

C. G purchased 858/2078 of D’s shares in the instant land from D on January 31, 2011, and completed the registration of ownership transfer in G on the same day.

On March 22, 2011, the Plaintiff agreed to purchase part of the instant land upon the solicitation of Defendant B, etc., who is an employee of the planning real estate company, and entered into a sales contract with G on March 22, 201 with respect to the share of G pertaining to the instant land (hereinafter “instant share”), as follows (hereinafter “instant sales contract”).

Sales amount: 40,000,000 won (a contract deposit of KRW 1,00,000 shall be paid at the time of a contract, the balance 39,00,000,000 shall be paid until March 30, 201). * All sales amounts shall be deposited into the HF of the C Office: I Account. * All the progresss relating to the transfer of registration shall be responsible and implemented to the C Office.

* The present collateral security will be cancelled simultaneously with registration after the remainder date.

E. According to the instant sales contract, the Plaintiff wired KRW 3,00,000,000, and April 1, 2011, to the account under the name of Defendant C, a certified judicial scrivener pursuant to the instant sales contract, for the purchase price and registration expenses.

F. On April 4, 2011, the Plaintiff completed the registration of ownership transfer for the instant shares.

G. Meanwhile, by April 2012, the registration of the instant seizure was not cancelled, and thus, the Plaintiff received the notice of public auction as to the instant share, and Defendant B, upon the Plaintiff’s request on May 9, 2012, drafted each of the following contents (hereinafter “each of the instant notes”) to the Plaintiff.

A customer's problem of public sale E 165 square meters in Sju-gun, Gyeonggi-do

1. Transfer of ownership of shares awarded in the primary public auction (the commitment of the J representative);

2. The amount in the second lawsuit shall be the amount in question.

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