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(영문) 창원지방법원통영지원 2016.01.14 2015가단23146
매매대금반환
Text

1. The Defendants shall pay 2,00,000 won to the Plaintiff each and 15% per annum from July 24, 2015 to the day of full payment.

Reasons

1. Basic facts

A. On November 14, 2014, the Defendants jointly owned 1/2 shares of C Forest land 10,711 square meters (hereinafter “instant land”) in a macro-si, concluded a contract to sell the instant land to the Plaintiff for KRW 19,400,000 (hereinafter “instant contract”).

B. In concluding the instant contract, the Defendants received 10 million won each as down payment from the Plaintiff (hereinafter “instant down payment”) as the down payment (hereinafter “instant down payment”).

C. By December 29, 2014, the Plaintiff agreed to pay the Defendants the remainder of the instant contract KRW 174 million to the Defendants.

The plaintiff did not pay the defendants any balance under the contract of this case until the date prescribed in the above paragraph (c).

E. On December 30, 2014, the Defendants sent to the Plaintiff a certificate of demand that the Plaintiff pay the remainder under the instant contract by January 10, 2015, but the Plaintiff did not pay the remainder until the extended date. The Defendants asserted that they were the seller’s representative and notified the Plaintiff of the termination of the instant contract on the ground that they were not paid the remainder on January 12, 2015.

[Reasons for Recognition] Facts that there is no dispute between the parties, Gap evidence 1, 6 through 8, Gap evidence 5-1 through 4, the purport of the whole pleadings

2. Determination as to the cause of action

A. The Plaintiff’s assertion 1) The Defendants conspired with D and E to obtain the instant down payment by deceiving the Plaintiff, even though there was no prior consultation on the plan and permission for the construction of a marine leisure sports complex.

B) The Plaintiff revoked the instant contract by serving a duplicate of the instant complaint, and the Defendants are obligated to return the instant down payment in unjust enrichment. (2) The Plaintiff asserted the cancellation of contract due to changes in circumstances, entered into the instant contract with the Defendants for the purpose of constructing the Marine Legnz.

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