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(영문) 수원지방법원평택지원 2015.05.20 2014가단43965
매매대금반환
Text

1. The Defendant’s KRW 30,105,602 as well as 5% per annum from April 29, 2014 to May 20, 2015 to the Plaintiff.

Reasons

1. Basic facts

A. B, upon the division of inherited property on February 2, 1970, acquired ownership of 1,576 square meters and D 1,299 square meters (hereinafter “instant land”) prior to Pyeongtaek-si, according to the agreement on division of inherited property, and completed the registration of ownership transfer in its name with respect to the instant land on May 15, 1987.

B. On February 1, 1998, E entered into a sales contract with respect to the total seven parcels of land, including the instant land owned by B (hereinafter collectively referred to as “instant land, etc.”), including the instant land, with the payment of KRW 100 million, and the down payment of KRW 10 million shall be paid on the date of the contract, and the remainder of KRW 90 million shall be paid on March 1, 1998, respectively; ② the procedure for ownership transfer registration shall be implemented after one year from the date of the payment of the remainder; and ③ upon the receipt of the remainder, the claim for ownership transfer registration shall be completed for the provisional registration against E and the payment of KRW 700,000 per month shall be completed until the principal registration is completed.

C. After paying the down payment and remainder to B pursuant to the above sales contract, E entered into a pre-sale agreement with B on March 5, 1998 with respect to the instant land, etc., and completed a provisional registration on March 26, 1998 for preserving the right to claim transfer of ownership (this court registration and receipt No. 9002, hereinafter “the provisional registration of this case”).

After that, on March 11, 2005, the decision to commence compulsory auction was made at the request of the defendant on March 11, 2005, and on March 27, 2007, the decision to commence compulsory auction was made to this court G upon the request of the trustee in bankruptcy of the Korea Deposit Insurance Corporation of the Korea Deposit Insurance Corporation, and the double auction procedure was proceeded.

(hereinafter “instant auction”) e.

On February 25, 2010, the Plaintiff purchased the instant land in KRW 95,706,00 in the auction procedure of this case, and completed the registration of ownership transfer in its name on March 2, 2010 (hereinafter “instant registration of ownership transfer”).

(f) On the date of distribution open on May 19, 2010, the court of auction distributes 62,565,492 won to the Korea Technology Credit Guarantee Fund and 30,105,602 won to the Defendant respectively.

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