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(영문) 울산지방법원 2017.10.17 2017가단6299
매매대금반환
Text

1. The Defendant’s KRW 140,000,000 as well as the Plaintiff’s annual rate from April 28, 2017 to October 17, 2017, and the following.

Reasons

1. Determination as to the cause of claim

A. In full view of the purport of the pleadings in the statement in Gap evidence Nos. 1 through 5, the Plaintiff entered into a sales contract with the Defendant on October 28, 2016, with respect to the purchase price of KRW 120,000,000 and KRW 200,000,000 on the day, and the remainder of KRW 100,000,000 on the day, and the remainder of KRW 100,000 shall be paid until November 30, 2016; the Defendant entered into a sales contract with the Defendant to implement the procedures for the registration of ownership transfer after completing civil works until December 31, 2016; ② even if the Plaintiff paid the price in full, the Defendant failed to complete the civil works; ③ The Plaintiff was unable to perform construction works upon receipt of an order for construction suspension from the competent Gun office; ③ The Plaintiff, upon filing the lawsuit in this case, notified the termination of the above sales contract; and the Defendant paid the Plaintiff’s debt KRW 271,71,00,0,0,00,0,00,00.7.

B. Comprehensively taking account of the above facts acknowledged, the Defendant is obligated to pay to the Plaintiff the sales price refund of KRW 140 million and damages for delay calculated by the rate of 5% per annum as stipulated in the Civil Act from April 28, 2017 to October 17, 2017, which is the date of this decision, following the delivery of a copy of the complaint of this case, as sought by the Plaintiff, to the Plaintiff.

2. The plaintiff's claim for conclusion is justified, and all of them are accepted.

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