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(영문) 서울북부지방법원 2015.03.17 2014가단21738
매매대금반환
Text

1. Defendant B Co., Ltd.: 52,00,000 won per annum from January 19, 2010 to March 17, 2015 to the Plaintiff.

Reasons

1. Claim against Defendant B

A. On December 30, 2009, the Plaintiff agreed from Defendant B (hereinafter “Defendant B”) on December 30, 2009 to purchase the 8th floor studio 32 (hereinafter “instant real estate”) among the 32th floor C buildings in Yeongdeungpo-gu, Yeongdeungpo-gu, Young-gu, Seoul (hereinafter “instant real estate”) at the price of 52 million won.

(hereinafter “instant sales contract”). On the other hand, Defendant B agreed on the same day to pay 5.5 million won as annual rent when leasing the instant real estate from the Plaintiff.

Accordingly, the plaintiff paid 4,65 million won after deducting 5,500,000 won from the sales price to the defendant B in full.

However, since Defendant B did not perform the duty of sale, the Plaintiff cancelled the sales contract of this case, Defendant B is obligated to pay the sale price and the delay damages.

(b) Judgment by public notice of applicable provisions of Acts (Article 208 (3) 3 of the Civil Procedure Act);

2. Demanding to Defendant Sickland Inc.

A. The plaintiff's assertion that Sshishland Co., Ltd. (hereinafter "the defendant Sshishland") acquired the status of the sales contract of this case from the defendant Eul, and therefore, Sshish Co., Ltd. has a duty to pay the purchase price of 52 million won and its delay damages to the plaintiff jointly with the defendant Eul.

B. As the owner of studio Telecom was completed on October 20, 201, Sshackland announced and notified that the previous buyers expressed their intent to enter into a contract and cancel the contract by November 10, 201, as the construction was completed on October 20, 201.

The expression of intention is trying to restore the right to the existing sales contract by repreparation the sales contract with the payment of the following amount and the payment to the Defendant Snishland.

If there is no additional contribution, existing intermediate payment, and balance within the above period, the seller is aware that he/she renounces his/her right to recognize it at the head office, and it is expected to re-sale according to the business schedule.

- existing due to the additional works.

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