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(영문) 부산지방법원동부지원 2019.09.04 2018가합105223
매매대금반환
Text

1. The Defendant’s KRW 430,978,00 for the Plaintiff and KRW 15% per annum from December 20, 2018 to May 31, 2019.

Reasons

1. Facts of recognition;

A. The defendant is a corporation established for the purpose of real estate sales business, etc., and C is a corporation established for the purpose of real estate development and supply business, and both two companies are engaged in inside directors.

B. On February 16, 2014, the Plaintiff entered into a contract with C to purchase macro-si EF (hereinafter “instant building”) in KRW 317,578,000.

On the same day, the Plaintiff leased the instant building to the Defendant for a period of 2.7 million won per month and 36 months from the date of occupancy, and upon the Plaintiff’s request for purchase within 30 days from the expiration of the lease period for 36 months, the Defendant entered into a special agreement to repurchase the instant building at the same price as the initial acquisition price (hereinafter “instant special agreement”).

C. The Plaintiff paid in full the purchase price of the instant building KRW 317,578,00, and completed the registration of ownership transfer on August 5, 2015.

On October 2015, the Plaintiff agreed to pay KRW 550,000 per month to the Plaintiff for a period of six months from October 11, 2015 to April 10, 2016, with the interest rate of KRW 50,000 per month, and that the rent due to the lease of the instant building shall be calculated from April 11, 2016 to pay KRW 270,00 per month for 42 months. In this sense, the Plaintiff drafted a lease agreement on the instant building again.

E. The defendant does not have to pay the plaintiff the rent under the above lease.

F. On August 21, 2018, the Plaintiff sent to the Defendant a certificate of content requesting the purchase of the instant building in KRW 317,578,00 according to the instant special agreement, and on August 22, 2018, the said certificate was served to the Defendant.

[Grounds for recognition] Gap 1 to 4 each entry (including additional number), the purport of the whole pleadings

2. According to the above facts of determination as to the cause of the claim, the plaintiff is the defendant according to the special agreement of this case.

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