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(영문) 서울남부지방법원 2016.09.01 2015가단59621
반환약정금
Text

1. The defendant shall pay 40 million won to the plaintiff and 15% per annum from January 10, 2016 to the day of complete payment.

Reasons

1. Facts of recognition;

A. C Co., Ltd. (hereinafter “C”) around September 2006: (a) transferred ownership of KRW 250 (250), which was owned by a third party, to the Plaintiff; (b) paid KRW 40 million from the Plaintiff as the purchase price, but did not perform the ownership.

B. Instead, on June 4, 2007, C transferred the ownership of 250 square meters prior to the location of Hongcheon-gun E and F (hereinafter “instant land”) owned by a third party to the Plaintiff, but the purchase price is the same as the sales price.

It was treated as complete payment of KRW 40 million received in the paragraph.

C. C did not transfer the ownership of the instant land to the Plaintiff, and on August 14, 2007, the Plaintiff was prepared and delivered a letter under the Defendant’s personal name (Evidence A; hereinafter “instant letter”) stating, “I, as the representative director of C, do not perform the registration of transfer of ownership between them, I shall be punished, and I shall accept you shall complete the registration of transfer of ownership until September 2007 in the future.”

However, on November 19, 2012, the above land was sold to Nonparty G, etc. and the ownership transfer registration has been completed.

E. The Plaintiff did not receive a refund of KRW 40 million from the purchase price paid to C until the date of closing the argument.

【Ground for Recognition: Facts without dispute, Gap evidence 2, Gap evidence 3, the purport of the whole pleadings】

2. According to the above facts of recognition, the Defendant is obligated to pay damages for nonperformance of the obligation to transfer ownership based on the instant written form within the agreed period, with 15% per annum under the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings from January 10, 2016 to the date of full payment, which is the day following the delivery of a copy of the instant written complaint, which the Plaintiff did not refund from C, as compensation for damages for nonperformance of the obligation to transfer ownership based on the instant written form.

3. Thus, the plaintiff's claim of this case.

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