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(영문) 서울서부지방법원 2015.01.22 2014가합7018
매매대금반환
Text

1. The defendant shall pay 300,000,000 won to the plaintiff and 20% per annum from October 29, 2014 to the day of complete payment.

Reasons

1. Indication of claim;

A. On December 14, 2004, the Plaintiff purchased KRW 300,000 (hereinafter “instant sales contract”) from the Defendant for the land 200,000 (hereinafter “instant land”) in the land in the land readjustment project planning zone in Kimhae-si, Kimhae-si, Kim Jong-si. Accordingly, the Plaintiff paid KRW 300,000,000 to the Defendant.

B. The Defendant has not yet completed the registration of ownership transfer on the instant land to the Plaintiff.

Accordingly, the Plaintiff expressed his intent to cancel the instant sales contract by serving a duplicate of the complaint of this case.

C. Therefore, the Defendant is obligated to pay to the Plaintiff damages for delay calculated at the rate of 20% per annum under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from October 29, 2014 to the date of full payment, which is the day following the day on which the Defendant received the above sales amount, as the restitution following the cancellation of the instant sales contract, as well as KRW 300,000,000,00 from the day on which the Defendant received the above sales amount.

2. Articles 208 (3) 1 and 257 of the Civil Procedure Act of the applicable provisions of Acts;

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