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(영문) 서울동부지방법원 2015.10.08 2014가단3796
청구이의
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Facts of recognition;

A. The Defendant filed a lawsuit against the Plaintiff claiming the return of the amount of custody with the following claims with the Seoul Eastern District Court (2012dan43615). The Defendant served the Plaintiff by public notice, and the judgment of the first instance court of the following disposition was rendered on November 28, 2012.

The Plaintiff, the cause of the claim, between the Defendant and the Defendant on August 26, 2011, received KRW 50,000,000 from the Defendant as a security for temporarily transferring 2/10 of the shares in D 313, Gangdong-gu Seoul Metropolitan Government, to the Defendant’s Form C, for a deposit of KRW 50,00,000,00 from the Defendant. After the title of the said real estate was completed from C to the Plaintiff, the Plaintiff agreed to immediately return the deposit to the Defendant, and received KRW 50,00,0

9.1. Of the above real estate, the registration of ownership transfer was completed to C with respect to shares of 2/10.

However, as C had cancelled the above registration of transfer on December 14, 201 of the same year, the Plaintiff is obliged to pay to the Defendant the amount of KRW 50,000,000 and damages for delay at each rate of 5% per annum as prescribed by the Civil Act from December 14, 2011 to the service date of the complaint in this case, and 20% per annum as prescribed by the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings from the next day to the day of full payment.

2) The judgment of the court below 1. The plaintiff shall pay 50,00,000 won to the defendant and 5% per annum from December 14, 2011 to November 3, 2012, and 20% per annum from the next day to the day of complete payment.

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

3. Paragraph 1 can be provisionally executed.

A person shall be appointed.

B. On May 20, 2014, the Plaintiff filed an subsequent appeal against the judgment of the first instance court in the previous lawsuit, and the Seoul Eastern District Court (2014Na3704) concluded the pleadings with respect to the appellate trial on May 6, 2015, and the same year.

5. 20. The following orders were pronounced.

1. The part against the plaintiff in excess of the money ordered under the judgment of the court of first instance shall be revoked, and the defendant's claim corresponding to the revoked part shall be dismissed.

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