(영문) 서울중앙지방법원 2017.02.09 2016가단5180750

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(영문) 서울중앙지방법원 2017.02.09 2016가단5180750

매매대금반환

Text

1. The Defendant’s KRW 130,000,000 as well as annual 5% from December 31, 2012 to July 14, 2016 to the Plaintiff.

Reasons

1. Facts of recognition;

A. On August 31, 2010, the Plaintiff concluded a sales contract between the non-party company and the non-party company to purchase KRW 110 million for some shares of 3300/37230 square meters of forest land acquired by the non-party company for the planning real estate business and paid the purchase price.

B. On October 4, 2012, the non-party company, upon receipt of the purchase price as above, did not transfer the ownership transfer to the Defendant on several occasions, and the non-party company requested resolution on several occasions. The non-party company issued and delivered a written confirmation that “The transfer of ownership to the Plaintiff is confirmed by October 30, 2012, and, if so, promises to return the purchase price paid pursuant to the real estate sales contract” to the Plaintiff.

C. However, since the Plaintiff knew, during the period from January 16, 2010 to September 27, 2012, the above real estate shares held by the non-party company, it was impossible to complete the registration of transfer to the Plaintiff due to the sale of all shares to the other party, and it was confirmed that it was impossible to complete the registration of transfer to the Plaintiff.

Accordingly, on December 17, 2012, the Defendant prepared and delivered to the Plaintiff the letter (hereinafter referred to as “instant letter,” and the agreement under the instant letter was referred to as “instant agreement”).

In each letter, I will compensate for the default of sale in accordance with 350 square meters among Chuncheon City D.

I would like to pay KRW 130 million, including the purchase price of KRW 10 million and the interest of KRW 130 million.

On December 30, 2012, I will offer a security to be accepted by the plaintiff at the price announced by the government.

Facts that no dispute exists over December 17, 2012 (based on recognition), entry in Gap evidence 1 through 4, the purport of the whole pleadings

2. Determination on the cause of the claim

A. According to the above facts of recognition, the defendant under the agreement of this case, unless there are special circumstances.

유사 판례

-전주지방법원 2014.01.29 2012가합4588

-광주고등법원(전주) 2015.06.18 2014나1206

-서울중앙지방법원 2018.12.21 2018가합528662

-대전지방법원 서산지원 2015.01.16 2014고단729

-서울동부지방법원 2016.05.24 2014가합108377