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(영문) 수원지방법원 2015.12.17 2015가합62923
약정금
Text

1. The defendant shall pay to each of the plaintiffs 109,972,260 won and 24% per annum from October 1, 201 to the date of full payment.

Reasons

1. Facts of recognition;

A. A. Around April 2010, the Plaintiffs and the Defendant transferred the ownership of a building of 425 square meters and its ground (hereinafter “each of the instant real estate”) in Gwangju-si, Gwangju-si, and the Plaintiffs transferred the ownership of 2,052 square meters of forest E-do, and the Plaintiffs entered into an exchange and sales contract (hereinafter “instant contract”) with the Plaintiffs to settle the amount equivalent to the accurate difference between the market price of each of the instant real estate and to pay the Defendant a total of 200 million won in advance.

B. According to the instant contract, the Plaintiffs paid a total of KRW 200 million to the Defendant from April 16, 2010 to April 23, 2010, and the Defendant completed the registration of ownership transfer as the receipt No. 19800 on April 19, 2010 for each of the instant real estate with respect to the portion of KRW 1/2 of each of the instant real estate to the Plaintiffs.

C. After that, around July 2011, the Plaintiffs: (a) rescinded the instant contract with the Defendant; (b) returned KRW 200,000 to the Plaintiffs; and (c) stipulated that the Defendant shall pay a total of KRW 19,944,520 of the interest and public charges on loans and public charges accrued up to that time (hereinafter “instant rescission agreement”); and (d) drafted an agreement execution letter (hereinafter “instant written statement”) containing the following matters.

With respect to the rescission of the oral agreement between the Defendant and the Plaintiffs on December 21, 2010 regarding each of the instant real estate, the Defendant shall pay and return KRW 19,944,520, including the purchase price paid by the Plaintiffs, KRW 200,00,000,000,000,000,000,000,000,000.

Provided, That where payment is not made by September 30, 201, the interest on the second part of each month shall be paid.

The plaintiffs shall, when they repaid and returned the above money, pay a document cancellation of agreement on the above real estate that transferred the ownership under the defendant's name.

B. Regarding the rescission of the above agreement, on April 16, 2010, the forest land of 2,052 square meters is located in the forest land of 2,052 square meters when the plaintiffs concluded to the defendant.

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