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(영문) 서울중앙지방법원 2016.11.25 2015가단5355014
매매대금반환
Text

1. The plaintiff's main claim is dismissed.

2. The Defendant’s KRW 150,000,000 on October 16, 2012 to the Plaintiff and its related expenses.

Reasons

1. Basic facts

A. On December 27, 2006, the Plaintiff entered into a sales contract (hereinafter “instant sales contract”) with the Defendant on the land C 223 on the land (hereinafter “instant real estate”) other than the Government-si B and six parcels as follows.

The purchase price: KRW 70 million - Payment on the date of the contract - the balance 530 million won on the date of the contract : the seller or the purchaser on March 2007, when the seller or the purchaser has defaulted on the terms and conditions of the contract in this case, the other party may demand in writing the person who has defaulted on the obligation to pay for the terms and conditions of the contract in this case, and the contractual party may claim for damages arising from the cancellation of the contract, respectively, and the contractual party shall, unless otherwise agreed, claim for damages from the contract deposit (Article 8) on the basis of the compensation for damages, substitute for the remainder of the lease deposit

B. The Plaintiff remitted to the Defendant KRW 10 million on December 19, 2006 as the down payment, and KRW 140 million on December 27, 2006.

C. On April 2, 2010, the Defendant made efforts to protect the Plaintiff’s property while going through a large number of public auctions, etc. on a two-time basis, and made it possible for the Plaintiff to transfer ownership, thereby allowing the Plaintiff to transfer ownership, and guiding the details necessary therefor.

On May 11, 2010, “The content-certified mail sent to the Plaintiff,” and sent to the Plaintiff a content-certified mail stating that “the Plaintiff may receive guidance on the payment of balance and the transfer of ownership until May 20, 2010.”

On May 26, 2010, the Plaintiff sent to the Defendant a content-certified mail that cancels the instant sales contract pursuant to Article 8 of the sales contract.

On June 8, 2010, the Plaintiff sent a content-certified mail to the effect that the Defendant would perform the instant sales contract. On June 23, 2010, the Plaintiff sent a content-certified mail to the Defendant demanding the return of the purchase price following the rescission of the instant sales contract.

E. Meanwhile, the Defendant’s instant real estate around September 2012.

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