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(영문) 수원지방법원 2016.04.19 2015가단114384
매매대금반환
Text

1. Defendant B Co., Ltd.: 120,000,000 won and 5% per annum from March 30, 2012 to June 9, 2015.

Reasons

1. Facts of recognition;

A. On March 29, 2012, the Plaintiff purchased from DefendantB Co., Ltd. (hereinafter only referred to as “B”) 801-76,670,00 won, 809-7,230,000 won, respectively, for each purchase of H buildings located in Yong-gu, Young-gu, Gyeonggi-do (hereinafter referred to as “H buildings”), and decided to pay the purchase price in full and deliver the registration of ownership transfer to the Plaintiff simultaneously with the registration of ownership preservation.

(2) On March 2012, 201, the Plaintiff paid KRW 801 and KRW 40,000 for each down payment of KRW 2,00,000 and intermediate payment of KRW 40,000 for H building 801 and 809. The Plaintiff paid KRW 78,00,000 for the remainder of the remainder payment of KRW 78,00,000 to Defendant E on March 29, 2012, which was delegated by Defendant E (the actual operator of J Co., Ltd., a contractor of H building, and the director of Defendant B) with the authority to adjust the sale price and receive the purchase price.

B. On April 15, 2014, Suwon-gu District Court 2014Kadan100614 (hereinafter “H building 801 and 809”) filed an application for provisional attachment of KRW 2,006,305,753 with respect to H building 801 and 809, and the provisional attachment was issued and registered on April 17, 2014 to execute the provisional attachment order. On the same day, the provisional attachment order was executed on the same day, and Gangnam-gu Loans Co., Ltd. filed an application for a compulsory auction of the real estate for KRW 801 and 809 with the Suwon-gu District Court on February 24, 2015, and conducted an auction by seizure.

C. On April 24, 2015, the Plaintiff was above Defendant B.

A. The reasons for entry in the port are as follows:

A. The reason that the contract is rejected for the performance of the contract.

The contract was rescinded. D.

The obligor B-mortgage, Defendant B-mortgage, as the maximum debt amount, KRW 2,860,00,000 on May 9, 2011, with respect to the F-based F-based 194 square meters and G 234.7 square meters, which is the site of H-based building, as the Suwon District Court’s Registry of port of Law (hereinafter only the G-si Office of Law) No. 7214, May 9, 201.

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