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(영문) 부산지방법원 2018.12.19 2017가합46802
약정금
Text

1. The defendant shall pay to the plaintiff KRW 102,105,369 and KRW 82,105,369 among them, from August 19, 2017 to the day of full payment.

Reasons

1. Basic facts

A. The Plaintiff’s claim for the return of down payment against the Defendant 1) The Plaintiff, a certified judicial scrivener around 2012, shall be the Defendant, the judicial scrivener of Kimhae-si C’s site and the 6th floor building on its ground (hereinafter “each real estate

(2) Around February 10, 2012, upon the Plaintiff’s delegation, the Defendant entered into a sales contract with the owner D of each of the instant real estate and each of the instant real estate at KRW 2,050,000,000. On February 13, 2012, the Defendant completed the registration of the right to claim ownership transfer of each of the instant real estate as the right holder of a provisional registration.

3) After that, the Defendant was delegated by the Plaintiff to resell unregistered each of the instant real estate again on or around July 10, 2012 due to the lack of registration cost, etc., and accordingly, delegated by the Plaintiff to the Plaintiff to sell the unregistered real estate on or around July 10, 2012.

(4) On August 17, 2012, the Defendant: (a) sold each of the instant real estate to the Plaintiff; (b) on August 31, 2012, the ownership transfer registration was completed in the name of the Plaintiff; and (c) on the same day, the Plaintiff’s right to claim for ownership transfer was revoked. (d) On August 17, 2012, the Defendant was transferred the down payment of KRW 100 million (hereinafter “the down payment of this case”); but (c) was arbitrarily used without returning it to the Plaintiff

On April 5, 2017, the Defendant was convicted of embezzlement on the part of Busan District Court (the first instance court's imprisonment, the second court's imprisonment, the second court's imprisonment, the second court's imprisonment, the second court's imprisonment, and the second court's suspended execution one year). On October 23, 2017, the Defendant was finally convicted on the part of the court.

(J) Busan District Court Decision 2017Da379, Busan District Court Decision 2017No1344, Supreme Court Decision 2017Do13722).

On February 201, 201, the Plaintiff registered the establishment of the Korean Certified Judicial Scriveners Association under the name of the Korea Certified Judicial Scriveners Association with respect to the registration of the establishment of the Plaintiff, in order to secure the payment of KRW 65,00,00 to the Defendant’s Certified Judicial Scriveners Association at the Defendant’s request.

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