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(영문) 서울중앙지방법원 2015.04.10 2013가단5181530
계약금반환 및 위약금 청구의 소
Text

1. The Plaintiff:

A. Defendant B: (a) KRW 5,000,000, as well as 5% per annum from June 22, 2014 to April 10, 2015; and (b)

Reasons

1. Basic facts

A. On November 16, 200, Jung-gu Seoul Central District Court No. 2 (hereinafter “this case’s loan”) owned the network I (hereinafter “the deceased”) whose registration of ownership preservation was completed.

B. However, on November 5, 2007, the registration of ownership transfer for the loan of this case was completed on October 27, 2007 at the J on November 5, 2007, and thereafter the registration of ownership transfer for the purchase and sale of K, L, and M was completed consecutively.

C. On May 5, 2008, the Deceased died after having left Defendant C, D, and E, the spouse of Defendant B and his/her children, as his/her heir.

[Ground of recognition] Unsatisfy, Gap evidence 2, 3

2. In full view of the statements in Gap evidence No. 1 and the purport of the entire arguments in the testimony of witness N as to the cause of the claim, the plaintiff and the deceased, on December 1, 2006, concluded a sales contract with the effect that on the plaintiff on December 1, 2006, the plaintiff and the deceased would sell the loan of this case in the purchase price of KRW 75 million (the purchase price of KRW 30 million on the day of the contract and the intermediate payment of KRW 5 million on the day of January 30, 2007, and the remainder of KRW 40 million on the lease of the loan of this case to pay the deposit for the lease deposit). The plaintiff and the defendant paid the deceased the down payment of KRW 30 million at the same time as the sales contract, and the plaintiff and the defendant shall compensate the buyer twice the down payment if the seller has terminated the contract, and if the purchaser has performed the contract, the claim for the return of the down payment cannot be acknowledged."

In addition, the loan of this case was transferred to J on November 5, 2007 and transferred to another owner thereafter, and the fact that the Defendants jointly succeeded to the deceased on May 5, 2008 that the Defendants died after the death of the deceased is as seen earlier, and a duplicate of the complaint of this case containing a declaration of intent to cancel the contract is jointly the status of the deceased.

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