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(영문) 인천지방법원부천지원 2017.12.08 2017가단8656
손해배상(기)
Text

1. The plaintiff's claims against the defendants are all dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. On March 18, 2016, the Plaintiff: (a) purchased the purchase price of KRW 500,000,000,000 from the Defendants; (b) KRW 10,000,000, the intermediate payment of KRW 40,000 on the date of the contract; (c) the intermediate payment of KRW 40,00,000 on March 31, 2016; and (d) the remainder of KRW 450,00,000 on April 5, 2016; and (c) purchased the purchase (hereinafter “instant sales contract”).

B. On March 18, 2016, the Plaintiff paid the Defendants KRW 10,000,000,000 for the instant sales contract, and KRW 10,000,000 for the instant sales contract on March 31, 2016, and KRW 30,000 for the remainder of intermediate payment on April 20, 2016, respectively.

C. On the ground of the subject matter of the instant sale, Nonparty F was residing. On May 11, 2016, F filed a lawsuit against the Defendants for the registration of transfer of ownership (In Incheon District Court 2016Gadan21178) by asserting the statute of limitations for the acquisition of possession.

On May 19, 2016, Nonparty G filed an application with the Plaintiff for an order of seizure on the Plaintiff’s right to claim ownership transfer registration under the instant sales contract against the Defendants (Seoul District Court Branch Decision 2016Tcheon Branch Office 2016TTB), May 31, 2016, upon receipt of an order of seizure on May 31, 2016, and the order was served on Defendant B and C, and on June 7, 2016, respectively.

E. On July 4, 2016, the Plaintiff returned KRW 50,000,000 (i.e., the intermediate payment of KRW 10,000,000,000, which was paid by the Plaintiff to the Defendants from the Defendants (i.e., the intermediate payment of KRW 10,000). Nonparty H, via Nonparty H, drafted a receipt and agreement as follows (hereinafter “instant agreement”).

It is confirmed that the rescission of the sales contract of this case was smoothly agreed on July 4, 2016 between the two parties, and that 50,000,000 won paid as the sales contract and the intermediate payment was clearly received.

F. On June 1, 2016, the Plaintiff received a provisional disposition on the prohibition of disposal of the subject matter of the instant transaction (in Incheon District Court Decision 2016Kadan2775), and completed the enforcement of the instant contract, with the claim for ownership transfer registration under the instant sales contract as the preserved right.

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