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(영문) 서울중앙지방법원 2015.12.11 2015가합14575
계약금반환
Text

1. The defendant,

A. From March 3, 2004 to Plaintiff (Appointed Party) as to KRW 68,430,00 and KRW 33,430,00 among them.

Reasons

1. Determination as to the cause of claim

A. In around 2004, the Plaintiff and the designated parties entered into a contract with the Defendant to purchase some of the commercial buildings located in Seodaemun-gu, Seoul (hereinafter “instant commercial buildings”) and paid the down payment and development expenses. However, when the sales price was delayed, each of the above sales contract was cancelled and the Defendant filed a lawsuit claiming the return of down payment, etc. against the Defendant. On June 8, 2005, the above court accepted the contract and rendered a ruling that the Defendant would pay the Plaintiff and the designated parties the money corresponding to each of the claims stated in the claim (hereinafter “instant judgment”), and around that time, there is no dispute between the parties.

B. According to the above facts of recognition, the defendant is obligated to pay to the plaintiff A 68,430,00 won and 33,430,000 won among them from March 3, 2004; 35,000,000 won from March 31, 2004; 136,860,000 won among them; 66,860,000 won from March 3, 2004 to 30,70,000 won from March 31, 2004; 130,000,000 won from March 31, 204 to 30,000 won from the day after the day after the day after the enforcement date of each lawsuit prescribed by Presidential Decree No. 130,280,000 won to C; 64,280,0000 won from the day after the enforcement date of each lawsuit; 630,16,201.

2. The defendant's assertion is determined as to the ownership of the commercial building of this case after the judgment of this case became final and conclusive.

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