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(영문) 서울중앙지방법원 2021.01.13 2019가단5314868
구상금
Text

1. The Defendant’s KRW 54,026,357 as well as 5% per annum from November 7, 2019 to January 13, 2021 to the Plaintiff.

Reasons

1. Facts of recognition;

A. 1) On July 14, 2006 and August 3, 2006, the Defendant completed the registration of the transfer of ownership in the name of the Defendant as to each land listed in the separate sheet (hereinafter “instant land”).

2) On July 11, 2007, the Plaintiff entered into a sales contract with the Defendant to purchase the instant land on the following terms (hereinafter “instant sales contract”) in order to promote the business of creating a golf course in the Nam-gun C, Nam-gun (hereinafter “instant business”), and paid the down payment and intermediate payment on the day:

A) The sales price of KRW 827,550,000 and the intermediate payment of KRW 100,000 and the intermediate payment of KRW 200,000 shall be paid as the contractual date, and the remaining amount of KRW 527,550,000 shall be paid at the time of completion of the purchase of the site for a golf course and completion of the authorization and permission (authorization for the implementation of the project and authorization for the business).

C) At the same time, the Defendant received the full payment of the purchase price and performed the registration procedure for the transfer of ownership to the Plaintiff.

D) The defendant shall settle the collateral security before the balance is settled.

B. On November 26, 2010, the Plaintiff acquired authorization and permission for the instant business on November 26, 2010.

2) The Plaintiff asserted that “the remainder 527,550,000 won under the instant sales contract was paid in full,” and filed a lawsuit against the Defendant for filing a claim for the registration of ownership transfer (Seoul Central District Court 2012Ga group 5072639). However, on February 11, 2015, the appellate court (Seoul Central District Court 2014Na 9556) rendered a judgment that “the Defendant received KRW 527,50,000 from the Plaintiff, while receiving the payment from the Plaintiff, and at the same time performing the procedure for the registration of ownership transfer, the Plaintiff’s appeal (Supreme Court 2015Da210613) was dismissed on July 10, 2015, and the said judgment became final and conclusive as is.

3) On November 24, 2015, the Seoul Central District Court shall reimburse the Defendant with respect to the foregoing case at the Defendant’s request.

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