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(영문) 서울서부지방법원 2014.12.19 2014가합6411
분양대금반환
Text

1. The defendant,

A. The Plaintiff A’s KRW 72,500,000 per annum from December 1, 2013 to August 15, 2014; and

Reasons

1. Determination as to the cause of claim

A. Comprehensively taking account of the overall purport of the pleadings as to Plaintiff A’s evidence Nos. 1, 3-2, and 5-2, Plaintiff A’s evidence Nos. 5-2 and 5-2, the Plaintiff purchased KRW 85,000,00 from the Defendant for purchase of KRW 2,402 (hereinafter “first house”) among the above purchase price of KRW 85,00,000 (hereinafter “first sale contract”), and the first sale contract was confirmed to have paid KRW 72,50,000 of the above purchase price to the Defendant by the date of the first sale contract. The remaining payment period, delivery, and ownership transfer registration period under the above sale contract was not specified, and the Plaintiff’s remaining payment period of KRW 12,50,000,000, KRW 85,000, KRW 72,500,000, and KRW 14,000, the remainder of the above sale contract was finalized and paid to the Defendant at any time, and the remainder of KRW 1514,815.

According to the above facts, the first sale contract was lawfully rescinded by the Plaintiff A’s notice of cancellation on the ground of the Defendant’s failure to perform his/her duty to transfer ownership due to the arrival of August 15, 2014, the above highest period, and barring any special circumstance, the Defendant is obligated to pay damages for delay calculated at a rate of 72,50,000 per annum as stipulated in the Civil Act from December 1, 2013 to August 15, 2014, and 200% per annum as stipulated in the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings, as to the purchase price already paid to the Plaintiff following the cancellation of the above sale contract, and the date the copy of the complaint in this case was served on the Defendant from November 30, 2013 to August 15, 2014.

B. The plaintiff.

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