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(영문) 서울북부지방법원 2017.03.23 2015가단147217
매매대금반환
Text

1. The Defendant’s KRW 65,00,000 for the Plaintiff and the Plaintiff’s KRW 100,000 for each month from February 18, 2014 to January 7, 2016.

Reasons

1. Facts of recognition;

A. On November 1, 2013, the Plaintiff purchased the Dongdaemun-gu Seoul Metropolitan Government Land and its ground buildings (hereinafter “instant real estate”) from the Defendant in the purchase price of KRW 497 million. However, the Plaintiff concluded a sales contract with the Defendant to pay KRW 150 million on the date of the contract, the intermediate payment of KRW 150 million on November 14, 2013, and the remainder of KRW 327 million on December 12, 2013, and paid the Defendant a down payment of KRW 30 million in the total of KRW 180 million in the intermediate payment and KRW 150 million under the said contract.

B. On December 12, 2013, the Plaintiff confirmed that the registered area of the pertinent real estate is inconsistent with the real area on the public register, and agreed to cancel the said sales contract with the Defendant, and received KRW 180 million from the Defendant. Of which, the Plaintiff agreed to pay KRW 20 million as the down payment for the lease contract concluded with the third party, the Plaintiff acquired the said contract by transfer of KRW 20 million as the down payment for the lease contract concluded with the third party.

C. On January 17, 2014, the Plaintiff entered into an agreement with the Defendant to provide the Plaintiff with a preferential loan of KRW 95 million, and to provide the Plaintiff with a preferential payment, and to provide the remainder of KRW 65 million calculated by deducting the said money and the lease deposit transferred from KRW 180,000,000,000, which the Defendant agreed to pay as above, as well as the remaining KRW 20,000,000,000,000,000 shall be paid later, and the interest rate of KRW 1,00,000 per month shall be 3% per month.

The Defendant paid the Plaintiff KRW 95 million on January 17, 2014, and thereafter paid the interest for KRW 65 million on one occasion.

[Reasons for Recognition] Unsatisfy, Gap evidence 1 to 5, Eul evidence 2 and 3, the purport of the whole pleadings

2. Determination

A. According to the facts of the above recognition as to the cause of the claim, the defendant shall transfer the lease deposit amount of KRW 65 million to the plaintiff according to the agreement described in subparagraph 1-B and subparagraph 3, except in extenuating circumstances. The defendant shall transfer the contract deposit of KRW 180,000 = KRW 180,000 - KRW 95,000,000 to the plaintiff

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