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(영문) 서울남부지방법원 2014.10.31 2013가단223848
매매대금반환
Text

1. The Defendant’s KRW 59 million and the Plaintiff’s annual rate from October 1, 2010 to October 31, 2014, as follows.

Reasons

1. Basic facts

A. On November 7, 2009, the Plaintiff entered into a contract for delegation of real estate purchase (hereinafter “instant contract”) with the Defendant at the office of a licensed real estate agent operated by Nonparty C, with the following content:

(1) Subject matter of delegation for purchase: With respect to the right to be specially sold a site for livelihood countermeasures in the Songpa-gu City, the right to be specially sold is a contract under which the right to receive the cost of living countermeasures (compensation for losses) in the Song-gu, Song-gu, Seoul (hereinafter “the two-wing districts in this case”) (hereinafter “the purchase price”): KRW 10 million:74 million (hereinafter “the purchase price in this case”) and the down payment of KRW 35 million (hereinafter “the purchase price in this case”) shall be paid on November 12, 2009 on the date of the contract.

The Plaintiff shall pay to the Defendant the remainder of the total amount of KRW 1 million, in addition to the purchase price.

B. Under the instant contract, the Plaintiff paid each of the Defendant the remainder payment of KRW 10 million on November 7, 2009, KRW 35 million on November 12, 2009, KRW 35 million on intermediate payment, and KRW 30 million on November 17, 2009, and KRW 30 million on the remainder and the mass Association expenses. Nonparty D, a resident of Songpa-gu, acquired the instant double-gu account in the name of Nonparty D.

C. The Defendant paid KRW 56 million remaining after deducting the Plaintiff’s fee of KRW 19 million from the Plaintiff to Nonparty E who provided the two-wing units of this case. D.

On September 10, 2010, the Plaintiff received notification from the Korea Land and Housing Corporation to the effect that “The two districts of this case shall not be subject to sale of land for livelihood countermeasures in accordance with the relevant statutes and ordinances, even if the Plaintiff was confirmed as the genuine owner and agreed on the compensation for obstacles.”

E. Accordingly, according to the special agreement of this case, the plaintiff is entitled to the purchase price of this case against the defendant.

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