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(영문) 서울중앙지방법원 2016.01.13 2015가합530671
매매대금반환
Text

1. The Defendant’s KRW 152,532,00 for the Plaintiff and KRW 6% per annum from January 1, 2015 to January 13, 2016.

Reasons

1. Basic facts

A. On August 6, 2007, the Defendant entered into a trust agreement on the sale management of the units of the units of the units of the units of the units of the Association, 101, 103, 108, 109, 110, 115, 116, 117, 201, 202, 204, 205, 206, 207, 208, 209, 210, 302, 502, 504, and 504 on the same day, and completed the registration of ownership transfer due to the above units of the units of the Association.

B. On August 26, 2011, the Plaintiff purchased C 108, 109, 110, and 117 (hereinafter collectively referred to as “first real estate of this case”) at KRW 937,177,800, and the down payment of KRW 88,413,00 is paid on the date of the contract, and the remainder amount of KRW 848,764,80 is paid on the date of the contract, and the remainder of KRW 848,764,80 is paid on October 10, 201 (hereinafter referred to as “instant first sales contract”). On the same day, the Plaintiff paid KRW 88,413,00 as down payment to the Defendant.

C. On March 10, 2008, before the conclusion of the first sale contract of this case, the registration of entry into the provisional disposition in the name of D was completed in accordance with the provisional disposition order No. 2008Kadan44066, March 10, 2008, which was prior to the conclusion of the first sale contract of this case. On November 201, 201, after the conclusion of the first sale contract of this case, the Plaintiff and the Defendant paid the remainder of the first real estate within 14 days from the date of cancellation of the registration of entry into the provisional disposition, and concluded a modified contract to change the payment date of the remainder (hereinafter “the first sale contract of this case”).

On November 2, 201, the Plaintiff purchased the said C504 (hereinafter “instant 2 real estate”) at KRW 140,715,000, and paid KRW 13,275,000 as down payment on the same day as the contract deposit, and the remainder KRW 127,440,000 on December 26, 201 (hereinafter “instant 2 sales contract”) concluded a real estate sales contract with the Defendant for the payment of KRW 13,275,00 on the same day.

(e).

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