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(영문) 수원지방법원 2019.03.13 2018가단500719
대금반환등
Text

1. Defendant B’s KRW 104,00,000 and the Plaintiff’s annual rate of KRW 6% from January 1, 2018 to March 13, 2019.

Reasons

1. Determination as to the claim for return of the price against Defendant B and C

A. On December 1, 2016, the Plaintiff entered into a contract under which Hdong (the site 271m2, the building area 119m2; hereinafter the same shall apply) was sold at KRW 520 million from among the “G canal wells” (the instant contract) that Defendant B (E) would build and sell in the interest household F, etc. at the time that he is allowed to sell in the interest household F, etc. (hereinafter the “G canal wells”) (hereinafter the “instant contract”). The down payment of KRW 52 million is the time of the contract, the first intermediate payment of KRW 52 million, the first intermediate payment of KRW 52 million, and the second intermediate payment of KRW 312 million, the remainder payment of KRW 14 million, and the intermediate payment of KRW 100 million would be paid at the time of occupancy in the second intermediate payment of KRW 2,700,000,0000,000,000,000).

(A) The Plaintiff deposited KRW 47 million on December 1, 2016, and KRW 52 million on December 13, 2016, the intermediate payment of KRW 52 million on December 13, 2016. The Plaintiff paid KRW 14 million to Defendant B, including KRW 5 million deposited on November 9, 2016, which is the transfer of the instant contract. However, Defendant B failed to perform the procedure for the transfer of ownership of the instant site by February 28, 2017, according to the first undertaking. (4) Accordingly, the Plaintiff failed to comply with the Plaintiff’s request for the return of the price to Defendant B pursuant to the said first undertaking, and failed to comply with it, and offered the fair execution list on July 17, 2017.

Accordingly, the Plaintiff and Defendant B set the scheduled date of occupancy on August 8, 2017 as December 31, 2017 and Defendant B.

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