(영문) 의정부지방법원 2015.09.23 2014가단33611

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(영문) 의정부지방법원 2015.09.23 2014가단33611

부당이득금반환 등

Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. On November 15, 2011, the Plaintiff concluded a sales contract with the Defendant to purchase real estate listed in the separate sheet (hereinafter “instant real estate”) in the purchase price of KRW 80,000 (hereinafter “instant sales contract”).

B. The Plaintiff paid KRW 46.7 million to the Defendant for the purchase price, and on November 18, 201, the Defendant took over the Defendant’s obligation to the Namyang Livestock Industry Cooperatives with exemption from liability. On November 18, 2011, the Plaintiff completed the registration of ownership transfer on the instant real estate on the ground of the instant sales contract.

C. On November 29, 201, the Plaintiff rescinded the instant sales contract with the Defendant with the following content.

1) The registration of transfer of ownership completed in the name of the Plaintiff on the instant real estate shall be cancelled. 2) The Plaintiff has the right to request the Defendant to sell the instant real estate, and the Defendant shall pay the price to the Plaintiff immediately after the sale of the instant

3) The Defendant shall deposit interest of KRW 70,000 per month on the Plaintiff’s investment amount into the account of Nonparty C until the sale of the instant real estate. 4) The Defendant shall return the deposit at the time of the expiration of the lease of the lessee (Linoo Institute) and shall deduct it from the sale price of the instant real estate.

5) The Defendant is obligated to pay interest on loans on the instant real estate. D. On November 30, 201, the Plaintiff cancelled the instant sales contract with the Defendant, and the Plaintiff transferred the ownership transfer registration and possession of the instant real estate to the Defendant, and the Defendant, upon the transfer of the instant real estate from the Plaintiff, returned KRW 80 million to the Plaintiff, but prepared a certificate of cancellation of the sales contract with the effect that separate agreement shall govern the Plaintiff. [Grounds for recognition] There is no dispute over the instant real estate, and each statement in the evidence Nos. 1, 2, 3, 5, and 6 (each number is included, and the purport of the entire pleadings shall be included.

2. The judgment on the Plaintiff’s claim was examined, and the instant sales contract was rescinded by agreement.

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