logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 춘천지방법원강릉지원 2019.10.22 2019가단33148
매매대금반환
Text

1. The Defendant shall pay to the Plaintiff KRW 50,00,000 and the interest rate of KRW 12% per annum from June 20, 2019 to the day of complete payment.

Reasons

In full view of the overall purport of Gap evidence Nos. 1 through 5 (each number omitted), the defendant sold 1/2 of the 5408 square meters of the Dmiscellaneous land to the plaintiff on January 10, 2018, and the defendant sold 50 million won of the price to the plaintiff on January 10, 2018, and filed a lawsuit for the partition of co-owned property from Eul, the other 1/2 share co-owner of the Chuncheon District Court's Ycheon-Ga3236 square meters, and the lawsuit for the partition of co-owned property was completed, or the part of the attached drawing No. 1 among the above land was occupied by Eul's father F for 20 years from the end of the lawsuit, and the defendant's spouse was also aware of the circumstances of "B" of the attached drawing No. 1 among the above land, and the defendant's act as a party to the sales contract did not notify the plaintiff of the contents to determine whether to conclude the sales contract, and thus, the plaintiff can cancel the contract of this case.

(1) Article 110(1) of the Civil Act provides that “A” No. 5-1 and No. 2 shall be deemed to have reached the Defendant on or around March 8, 2019, according to the overall purport of the Plaintiff’s sales contract and the entire pleadings. As such, the Plaintiff and the Defendant’s sales contract shall be retroactively null and void (main sentence of Article 141 of the Civil Act). The Defendant shall return the sales price received from the Plaintiff to the Plaintiff, and the Defendant shall pay damages for delay calculated at the rate of 12% per annum as stipulated in the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings, etc., from June 20, 2019 to the date of full payment, after the copy of the complaint was delivered as requested by the Plaintiff.

Therefore, the plaintiff's claim is justified, and it is so decided as per Disposition by applying Articles 98 and 213 of the Civil Procedure Act to the burden of litigation costs and the declaration of provisional execution.

arrow