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Reasons
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(영문) 서울중앙지방법원 2016.04.20 2014가합582705
계약금 반환청구의 소
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1. Defendant B Co., Ltd. shall pay to the Plaintiff KRW 104,475,00 as well as its annual interest from June 11, 2013 to November 27, 2014.

Reasons

1. Facts of recognition;

A. On October 23, 2012, Defendant B Co., Ltd. (former trade name: D Co., Ltd.; hereinafter “Defendant B”) sold the Seocho-gu Seoul E-building No. 108 (hereinafter “instant commercial building”)’s first floor of the land of the Seocho-gu Seoul E-building with the following content:

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B. C paid KRW 104,475,000 on October 20, 2012 to the account designated in the instant sales contract, by remitting KRW 40,000,000 on November 1, 2012, and KRW 54,475,00 on November 5, 2012.

C. On November 21, 2012, C, the Plaintiff, and Defendant B changed the buyer’s name on the instant commercial building from C to the Plaintiff.

On November 21, 2012, the Plaintiff prepared a request for the following contents at Defendant B’s request and delivered it to Defendant B:

The person who has received the request from the defendant B the sale of F building B108 through the sales contract.

The objects sold by the principal are classified into subparagraph (a) and subparagraph (b) as shown below in the current certified copy of the register and building register.

However, the property value and collateral value is to combine the common areas in subparagraph (a) as a result of the consultation with the foreign exchange bank, the foreign exchange bank and the G Appraisal Board, the appraisal institution, for the loan of the balance in sale.

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