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(영문) 의정부지방법원고양지원 2015.09.11 2014가단31656
부당이득금반환 등
Text

1. The Defendant’s KRW 72,203,255 as well as 5% per annum from October 10, 2014 to September 11, 2015 to the Plaintiff.

Reasons

1. Facts of recognition;

A. On November 9, 2012, the Plaintiff entered into a sales contract with the Defendant to purchase the amount of KRW 545,00,000,000, in the amount of KRW 9,498 square meters (hereinafter “instant real estate”) from the Paju-si, Pakistan-si, which was the Defendant’s ownership.

(hereinafter “The first sale contract”). According to the above contract, the Plaintiff paid the Defendant the down payment of KRW 50 million and the intermediate payment of KRW 22,500,000.

B. Although the progress of the auction procedure and the conclusion of the second sales contract, around February 2013, D, the Defendant’s creditor, applied for the commencement of the auction procedure on the instant real estate, and on February 6, 2013, the auction procedure on the said real estate was commenced. On August 12, 2013, the Plaintiff expressed his/her intent to cancel the first sales contract on the ground that the Defendant was unable to perform the instant sales contract due to the cause attributable to the Defendant.

After that, the auction procedure with respect to the instant real estate was two faileds, and thereafter the bid was awarded in KRW 472,00,000 on August 23, 2013.

In consultation with the above D on August 27, 2013, the Plaintiff and the Defendant agreed to purchase the instant real estate again from the Defendant for KRW 480,000,000 instead of withdrawing a request for auction of the instant real estate. The Plaintiff and the Defendant agreed to take over the instant real estate again from the Defendant for the purchase of KRW 480,000,00,000, under the name of agricultural cooperatives established in the name of the Defendant as a means of payment for the said purchase, the secured obligation of KRW 270,000,000 for D, and the delinquent property tax for the attachment and the medical insurance premiums of the National Health Insurance Corporation for the seizure of the instant

(hereinafter referred to as “the second sales contract”). (c)

According to the contract for the performance of the Plaintiff’s obligation acquisition agreement, on September 30, 2013, the Plaintiff repaid 150,000,000 won with the principal of the secured obligation of the Defendant’s NA as well as 29,000,000 won on September 30, 2013, on behalf of 179,000 won, and on November 222, 2012, interest of 150,000,000 won with interest of 6,811,639, 14,978,228 won with interest on September 10, 2013, and interest of 14,978,228 won with the interest on September 30, 2013.

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