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(영문) 의정부지방법원 고양지원 2018.07.19 2017가단82495
계약금 및 중도금 반환 등
Text

1. Defendant C shall pay the Plaintiff KRW 70,000,000 and the interest rate of KRW 15% per annum from July 7, 2017 to the date of full payment.

Reasons

1. Basic facts

A. On November 14, 2006, the registration of ownership transfer for sale was completed on November 5, 2006 at the time when the ownership transfer for sale was completed on November 12, 201, as to the F 200 square meters (hereinafter “one parcel of land prior to the merger”) and G 1,703 square meters (hereinafter “two preceding the merger”), and on June 24, 201, the registration of ownership transfer for sale was completed on December 16, 2010 in the future of Defendant C on January 12, 201, and on June 24, 2011, the registration of ownership transfer was completed on June 1, 201.

B. On March 3, 2005, the ownership transfer registration for the following reasons was completed on March 14, 2005: (a) on January 12, 201, the ownership transfer registration for the following reasons was completed on December 16, 201; (b) on June 24, 2011, on December 24, 201, the ownership transfer registration for the following reasons was completed on December 16, 201; and (c) on June 24, 2011, the ownership transfer registration for the following reasons was completed on June 24, 2011.

C. On December 22, 2016, G 1,703 square meters and 1,703 square meters, G 1,703 square meters and 1,393 square meters, which were combined with the above F F F field, and the total area was 2,796 square meters. Of the above F field, 1,398 square meters were transferred to J due to the division on January 23, 2017, each of the instant land was F field 1,398 square meters and J field 1,398 square meters.

E (hereinafter referred to as “the deceased”) died on June 1, 2013, and Defendant D is the inheritor.

(Other inheritors, L, M, N, andO have waived their inheritance). 【The grounds for recognition】 The fact that there is no dispute, Gap evidence 2-1, 2, Eul evidence 1 to 3, Eul evidence 1 to 3, the purport of the whole pleadings, and the purport of the whole pleadings.

2. Determination as to the claim against the main defendant B and D

A. On February 2009, the Plaintiff introduced each of the instant lands into a new site of gas station via Nonparty P, a real estate broker, and entered into a sales contract with the deceased, the owner of each of the instant lands, and the Defendant C, the agent of the Plaintiff, on February 23, 2009 (hereinafter referred to as “the Plaintiff”).

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