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(영문) 수원지방법원성남지원 2015.04.24 2014가합206422
매매대금 등 반환
Text

1. The Defendant’s KRW 95,00,000 and its related amount are 5% per annum from February 26, 2010 to April 24, 2015 to the Plaintiff.

Reasons

1. Basic facts

A. On December 1, 2009, the Plaintiff and the Defendant, who was named as agent of C, entered into a sales contract with respect to the purchase price of KRW 330 million (a down payment of KRW 30 million on the day of the contract, and a balance of KRW 30 million on December 20, 2009) with respect to the amount of KRW 1/2 equity (hereinafter “instant real estate”) out of KRW 759 square meters prior to D prior to Gwangju-si, and KRW 73 square meters prior to E, and access road of KRW 300 square meters, and entered into a sales contract with the Plaintiff to bear interest of the amount of KRW 20 million from January 201, 201 (hereinafter “instant sales contract”). According to the special agreement, C shall settle the price according to the increase or decrease of land at the time of payment due to the remainder of the contract, and C shall obtain a construction permit from Class 2 neighboring manufacturing business (around 100 square meters).

B. At the time of the conclusion of the instant sales contract, the instant real estate is the 195,000,000 won with the maximum debt amount (150,000,000 won with the actual debt amount) on Nov. 28, 2006, which was the mortgager, and the 65,000,000 won with the maximum debt amount (50,000,000 won with the actual debt amount) on Jul. 10, 2008, all of the said mortgages (50,000,000 won with the actual debt amount) as the mortgage

(c) On February 25, 2010, the Plaintiff drafted a receipt with the effect that he/she paid KRW 200 million and the remainder of the purchase price of KRW 130 million to the Defendant. From February 25, 2010 to August 2012, the Plaintiff paid KRW 35 million to the Gwangju Agricultural Cooperative. [Grounds for recognition] The Plaintiff did not dispute over the fact that there is no dispute, evidence No. 1, evidence No. 2-3, evidence No. 2-3, evidence No. 3, and evidence No. 4 (a number other than separately set); hereinafter the same shall apply).

each entry, the purport of the whole pleading

2. The parties' assertion

A. The instant real estate, which was attributable to the Plaintiff’s assertion, was sold by auction and the instant sales contract was impossible to be implemented. Since the Plaintiff rescinded the instant sales contract, the Defendant, a non-authorized representative, was restored to its original state, from KRW 130 million to its original state.

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