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(영문) 수원지방법원안산지원 2016.09.08 2016가합5051
구상금
Text

1.For the plaintiff: (a)

DefendantB shall pay 335,188,804 won and 67,324,800 won from August 9, 2014 to 218,90

Reasons

Facts of recognition

On November 30, 2006, the Plaintiff entered into a sales contract and the Plaintiff’s ownership transfer registration agreement with Defendant B on the purchase price of KRW 450,000,000 (in addition, the amount of KRW 8,000,000 equivalent to the acquisition tax and the registration tax) for the pertinent real estate, and paid KRW 120,00,000,00 in total, including KRW 8,00,000,000, for the purchase price of the instant real estate, from November 21, 2006 to February 9, 2007.

However, Defendant B refused to perform the above sales contract by asserting that the other party to the sales contract was not the Plaintiff, but the transaction object is limited to the part of the land of the instant real estate, and there was a dispute between the Plaintiff and the Defendant regarding the above sales contract.

Accordingly, the Plaintiff filed a lawsuit against Defendant B on January 8, 2014 in the Seoul High Court case No. 2013Na37007, which was the appellate court, for filing a claim for ownership transfer registration with the Suwon District Court’s Ansan Branch 2012Gahap4531, and received payment of KRW 338,00,000 from the Plaintiff (i.e., KRW 450,000, KRW 8,0000 - KRW 120,000). At the same time, the Plaintiff filed a lawsuit against the Plaintiff for ownership transfer registration on November 30, 2006, and Defendant B filed a final appeal against this, which became final and conclusive on May 15, 2014 (see Supreme Court Decision 2014Da10489, May 15, 2014).

On July 3, 2014, the Plaintiff deposited KRW 338,00,00,00 with Defendant B as the principal deposit, from the Suwon District Court, No. 1953 in 2014 (hereinafter “instant deposit”), and entered the following matters in return for the receipt of deposited goods:

1. Buildings:

A. Decision on February 14, 2014 on the voluntary decision to commence the auction at Ansan District Court (F) 2014

2.No. 9321, 14 days.

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