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(영문) 의정부지방법원고양지원 2016.06.09 2016가단5033
매매대금반환
Text

1. The Defendants jointly pay to the Plaintiff KRW 169,40,000 and the interest rate thereon from March 10, 2016 to the date of full payment.

Reasons

1. As to this defense

A. The Defendants asserted that the instant lawsuit should be transferred to the Youngcheon District Court Youngcheon District Court, since it was filed in this court, not the Youngcheon District Court, which has a general forum, due to the Defendant’s domicile, and thus, is inappropriate.

On the other hand, a lawsuit concerning property right may be brought to the court with the jurisdiction over the place of residence or the place of obligation performance (Article 8 of the Civil Procedure Act). The lawsuit of this case is a lawsuit seeking monetary payment, and in the case of monetary obligation, performance must be made at the address of the plaintiff who is the creditor pursuant to the principle of assignment obligation (Article 467 of the Civil Act). Thus, the court with the domicile of the plaintiff is also under the jurisdiction of the court with

B. In addition, the defendants asserted that the lawsuit of this case was filed after the expiration of the exclusion period of three years after the provisional seizure, but there is no provision setting the exclusion period for the lawsuit of this case after the provisional seizure, and Article 288(1)3 of the Civil Execution Act only stipulates that the defendants can file an application for the revocation of provisional seizure to the "when the lawsuit of this case is not filed within three years after the provisional seizure was executed."

The above assertion by the defendants is without merit.

2. As to the merits

A. 1) At the time of the following sales contract, the Gangwon-do D Large 1,048 square meters was owned by E, and the 4th floor above the ground (hereinafter “instant building”) was owned by E.

(2) On May 27, 2010, the Plaintiff entered into a sales contract with the Defendants, the married couple, and three of the 17 container rooms of the instant building (in the sales contract, “three households, 157.49 square meters of land size, 210.30 square meters of building area,” among the 17 container rooms of the instant building, the Plaintiff entered into a sales contract with the Defendants, who are the married couple, and the 17 container rooms of the instant building as “three households, 157.49 square meters of land size,” with the purchase price of KRW 237 million of land size.

However, if the registration of the establishment of several places of the building at the time of the instant case was made, the seller is legally entitled to special agreement.

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