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(영문) 의정부지방법원고양지원 2017.08.09 2016가단17814
양수금
Text

1. The Defendant shall pay to the Plaintiff KRW 60,00,000 and the interest rate of KRW 15% per annum from August 4, 2016 to the date of complete payment.

Reasons

1. Basic facts

A. From around 2014, the Plaintiff: (a) the instant land located in Yongsan-gu, Seoyang-gu, Busan-gu, the Plaintiff, a type of the Plaintiff, was originally located in the area of 7.041 square meters; (b) however, on April 13, 2015, the instant land was converted into registration conversion into 7,058 square meters for the land located in Yongsan-gu, Seoyang-gu; and (c) the same year.

4. On May 13, 2016, F forest land was divided into 1,648 square meters, G forest land 2,337 square meters, I forest land 3,073 square meters, and among which 1,648 square meters of F forest land was further subdivided into 59 square meters of J forest land, 569 square meters of K forest land, and 100 square meters of L forest land.

(hereinafter “instant land”) was asked to arrange for the sale and purchase of the instant land.

B. On December 5, 2014, C entered into a real estate sales contract with respect to the land of this case with respect to KRW 3,985 square meters and KRW 1.5 billion on the same day, and the Defendant paid KRW 10 million to the Plaintiff on the same day, the Defendant issued five copies of a cashier’s check causing KRW 1 million on the same day, and the remainder of KRW 5 million on the same day to substitute payment with the Defendant loaned to the Plaintiff.

On the other hand, on December 5, 2014, the Plaintiff prepared a receipt stating "7,000,000 won deposit in the land purchase and sale case D, Young-gu, Gyeonggi-do, Goyang-do." and issued it to the Defendant.

C. On March 18, 2015, C entered into a real estate sales agreement with the Defendant, including the Defendant, for sale of KRW 1.5 billion with respect to KRW 1,648 square meters of the F forest in Yongsan-gu, Seoyang-gu, Seoyang-si and KRW 2,337 square meters of G forest after dividing the instant land into the instant land on March 18, 2015, and completed the registration of ownership transfer for the said seven buyers including the Defendant on April 17, 2015.

[Ground of recognition] Facts without dispute, Gap evidence 1, Gap evidence 3-1 through 5, Gap evidence 5, 6, Eul evidence 1-1 and 2, and the purport of the whole pleadings

2. The parties' assertion

A. The plaintiff's assertion is divided into the plaintiff's each type of land F and G, whichever is later high-si, Manyang-si.

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