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(영문) 수원지방법원여주지원 2015.04.23 2014가합1927
매매대금반환
Text

1. The Defendants are jointly and severally liable to the Plaintiffs each of KRW 115,00,000, and the period from May 15, 2013 to February 10, 2015.

Reasons

1. On March 12, 2013, the Plaintiffs entered into a contract with the Defendants to purchase an amount of KRW 515 square meters (F after division) out of KRW 3570,000,000,000, out of KRW 362,000,000 with shares of KRW 1/2,000 with the Defendants, and deposited the down payment of KRW 35,000,000 in the G Certified Judicial Scriveners Office. Since then, the Defendants delivered KRW 20,000,000 to the Defendants on May 15, 2013, respectively.

However, even though the Defendants were to cancel the right to collateral security, provisional seizure, etc. established on the above land and obtained necessary authorization and permission under the above sales contract, they did not comply with the said contract even if they were to resolve the said matters by July 18, 2013, June 19, 2013.

Accordingly, the Plaintiffs kept the remainder of the above sales contract 97 million won [362,00,000 won - (35,000,000 won 210,000,000 won 20,000,000 won in the G Certified Judicial Accountants Office], and notified the Defendants to perform the procedure for cancellation of the said right to collateral security and transfer of ownership, but expressed their intent to cancel the said sales contract unless it is fulfilled.

On the other hand, the defendants are closely related not only to enter into a sales contract as co-owners of the above land, but also to reside together.

Therefore, the defendants are jointly and severally obligated to return 1/2 of the above payment to the plaintiffs as restitution according to the contract cancellation.

2. Article 208 (3) 3 of the Civil Procedure Act:

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