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(영문) 수원지방법원 2015.06.02 2014가합60968
계약금반환 등
Text

1. Defendant B’s KRW 400 million and the Plaintiff’s annual amount from February 20, 2014 to June 2, 2015, and the next day.

Reasons

1. Facts of recognition;

A. Defendant B filed an application for rehabilitation with Suwon District Court 2012dan15, and received a decision to commence rehabilitation on March 23, 2012.

(hereinafter “instant rehabilitation procedure.” On April 21, 2013, the Plaintiff agreed with Defendant B to purchase each real estate listed in the separate sheet (hereinafter “each of the instant real estate”) owned by Defendant B in KRW 1.5 billion, but the down payment KRW 300 million was agreed upon by the Defendant Company’s sales agreement, the first secured mortgagee, in accordance with the instant rehabilitation procedure’s permission, the remainder KRW 1.2 billion shall be paid, and additional KRW 100 million shall be paid in addition to the purchase price, and where there is a decision of non-permission of the said court, Defendant B agreed to immediately return the down payment to the Plaintiff and terminate the said sales contract (hereinafter “the instant sales contract”).

B. The Plaintiff paid the Defendant B the down payment of KRW 300 million according to the instant sales contract, and immediately thereafter, the Defendant B paid the said KRW 300 million to the Defendant Company.

On the other hand, the Suwon District Court decided to abolish the rehabilitation in the rehabilitation procedure of this case on May 2, 2013.

C. On May 10, 2013, the Plaintiff completed the registration of the right to claim ownership transfer based on the purchase and sale reservation made on April 21, 2013 at Defendant B’s expense, at the request of Defendant B, which had concerns over the enforcement of separate creditors with respect to each of the instant real estate.

On July 11, 2013, Defendant B issued to the Plaintiff through C all the documents necessary for the registration of transfer of ownership to the Plaintiff’s side. At that time, Defendant B prepared and issued to Defendant B a written confirmation that “it is confirmed that all the documents necessary for the registration of transfer of ownership to each of the instant real estate will not be arbitrarily processed even if delegated to the Plaintiff D judicial scrivener.” (hereinafter “instant confirmation”).

On July 12, 2013, the Plaintiff delivered KRW 100 million to Defendant B, and around August 23, 2013, each of the instant real estate was traded on July 11, 2013.

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