logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울중앙지방법원 2014.06.11 2014가단11756
반환소송
Text

1. The Defendant’s KRW 50,000,000 and its amount are 5% per annum from June 27, 2009 to February 27, 2014 to the Plaintiff.

Reasons

1. Facts of recognition;

A. On June 2009, the Plaintiff: (a) purchased from the Defendant the sales right of KRW 50,000,000 (each of KRW 25,000,000) under the name of the Plaintiff and the Plaintiff’s son; and (b) paid the Defendant KRW 50,000,000 in total to the Plaintiff, on June 26, 2009, on June 10, 2009, by deeming that the Defendant would be entitled to purchase an apartment unit of KRW 32 square meters located in Dongjak-gu Seoul Metropolitan Government Housing Association (Non-Party Association) (hereinafter “Non-Party Association”); and (c) paid the Plaintiff KRW 50,000,000 in the name of the Plaintiff and the Plaintiff’s son.

At the time of the conclusion of the above contract, the Defendant agreed to allow the Plaintiff and D to acquire the status of a member of the non-party union until December 10, 2013 and December 20, 2013.

B. However, the authorization to establish the association was revoked on November 13, 2012, and the Defendant did not transfer the status of the association member or transfer the right, which is a premise, to the Plaintiff and D’s name until the date of the said agreement.

Accordingly, on December 3, 2013, the Plaintiff notified the Defendant that the contract was rescinded due to the nonperformance of the terms of the above sales contract by content-certified mail, and that the declaration of intention reached the Defendant around that time.

[Grounds for Recognition] Uncontentious Facts, Gap evidence 1 to 5 (including additional numbers), witness E's testimony, the purport of the whole pleadings

2. Determination on the cause of the claim

A. According to the above facts, the sales contract of this case was lawfully rescinded due to the delay of the performance of the defendant. As such, the defendant is obligated to pay to the plaintiff 50 million won due to restitution following the cancellation of the above sales contract and damages for delay at the rate of 5% per annum under the Civil Act from June 27, 2009 to February 27, 2014, which is the delivery date of the written amendment of the purport of the claim of this case, from June 27, 2009 to February 27, 2014, and 20% per annum under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from the next day to the day of complete payment.

(b) against this;

arrow