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(영문) 수원지방법원 평택지원 2017.02.02 2016가합1146
매매대금반환
Text

1. The Defendant’s KRW 2,085,200,000 as well as 5% per annum from June 6, 2016 to November 18, 2016 to the Plaintiff.

Reasons

1. Indication of claim;

A. On April 2, 2013, the Plaintiff and the Defendant concluded a sales contract with the Defendant to purchase three parcels of land B, C, and D from the Defendant for KRW 2,085,20,000.

At the time of the contract, the right to collateral security was set up on the said real estate with a maximum claim amount of KRW 2,700,000,000, and the defendant decided to cancel the said right prior to the payment date of the remainder

B. The Plaintiff paid KRW 2,085,200,000 as the purchase price to the Defendant on April 2, 2013, KRW 1,000,00 on April 25, 2013, KRW 1,000,00 on April 25, 2013, and KRW 985,200 on June 5, 2013, and paid KRW 2,085,200,00 on each of the above real estate, and the Defendant did not cancel the said collateral security before the remainder payment date.

C. On August 17, 2016, the board of directors decided to cancel the above sales contract and refund the price. On November 27, 2015, the Plaintiff notified the Defendant of the cancellation of the said right to collateral security and the right to collateral security of KRW 2,400,000,000, which was additionally established by the Defendant, and notified the Defendant of the documents necessary for the registration of transfer of ownership.

However, since the defendant did not cancel the above right to collateral security until now, the plaintiff will cancel the above contract by serving a duplicate of the complaint of this case on the grounds of the defendant's default of obligation.

E. Therefore, the Defendant should refund to the Plaintiff the purchase price of KRW 2,085,200,000 and interest thereon.

2. Article 208 (3) 1 of the Civil Procedure Act and the main sentence of Article 257 (1) of the same Act:

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