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(영문) 수원지방법원 2016.01.26 2015가단15531
분양대금반환
Text

1. The Defendant’s KRW 95,260,00 for the Plaintiff and KRW 20% per annum from February 15, 2015 to September 30, 2015.

Reasons

Basic Facts

On May 1, 2010, the Plaintiff entered into a sales agency contract with C Co., Ltd. (hereinafter “Nonindicted Company”) which is a sales agency (hereinafter “Nonindicted Company”) for approximately 38,000 square meters for D, E, and F. 38,000 square meters.

Around that time, the Plaintiff entered into an e-mail contract with the non-party company and the Defendant, a certified judicial scrivener, stating that “if the sale price is fully deposited, the Defendant deposited the Plaintiff’s corporate account, and the non-party company directly withdraws the sale price using the Plaintiff’s corporate account OPT and the authorized certificate that is in custody of the Plaintiff and received it as the corporate account of the non-party company” (hereinafter “instant e-mail contract”).

On or around September 9, 2012, the Plaintiff deposited the amount of KRW 15,05,105,546 from March 11, 2010 to August 23, 2011 to the Defendant’s account (15,05,105,546, which is the head of the Defendant’s office of a certified judicial scrivener office, with G and certified tax accountant H, the amount of KRW 16,476,00,575,546 from March 11, 201 to August 23, 201; ② the amount of KRW 73,70,000,00 in the Plaintiff’s account (i) the real estate placement commission; ② the land owner K); ③ the amount of KRW 160,820,00 in the return of the real estate cancellation fee; ④ the amount of KRW 76,476,780,00 in the Plaintiff’s account; and (ii) the amount of KRW 1605,2005,5000.27.67.27.

“The” has drawn up a written confirmation.

On September 10, 2012, the Defendant paid KRW 19,742,546 to the Plaintiff (i.e., 115,002,546 - Amount paid to L 95,260,000).

[Reasons for Recognition] A’s assertion of the parties to the determination as to the grounds for a claim as a whole of the pleadings and the statements in Gap’s evidence Nos. 1 through 4, the Defendant paid KRW 9,5260,000 out of the sale price to L in violation of the instant Escro contract.

Therefore, the defendant.

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