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(영문) 서울동부지방법원 2017.12.01 2017가단105556
손해배상(기)
Text

1. The Defendant shall pay to each of the Plaintiffs KRW 31,163,151 and interest rate of KRW 15% per annum from March 7, 2017 to the day of full payment.

Reasons

1. Basic facts

A. On May 27, 2014, the Plaintiffs: (a) entered into a contract with D on May 27, 2014; (b) KRW 25,476 square meters of E forest land owned by the Plaintiffs; (c) KRW 12,344 square meters of E forest land and KRW 12,511 square meters of F forest land; (d) KRW 311 square meters of G 602 square meters of land; and (e) KRW 13,223.6 square meters of road shares; (e) KRW 2 billion of the intermediate payment; (e) KRW 200 million of the intermediate payment; and (e) KRW 40 million of the intermediate payment; and (e) KRW 12,51 square meters of the intermediate payment; and (e) KRW 400 million of the intermediate payment; and (e) shall be paid the intermediate payment to each of the instant parties pursuant to the sales contract with the said KRW 504 billion of the intermediate payment; and (e) KRW 20174 billion of the remainder.4 billion.

B. On September 24, 2014, which is the remaining payment date of the agreement, D paid KRW 70 million to the Plaintiffs. As to the remaining KRW 680 million, D agreed to pay the interest calculated at the rate of KRW 3.4 million per month, instead of being deferred from the Plaintiffs and the payment date (hereinafter “instant agreement”).

C. On September 24, 2014, the Plaintiffs entered into a sales contract with the Defendant to sell a total of KRW 3.1552 million out of part of E forest land owned by the Plaintiffs, and part of G field 602 square meters, and part of H and I land owned by the Plaintiffs for KRW 10,579 square meters (hereinafter “instant secondary sales contract”), and received KRW 400 million from the Defendant on the date of the contract.

On October 16, 2014, in order to preserve the right to claim the return of the down payment and the right to claim the damages arising from the rescission of the second sale contract of this case, the Defendant applied for provisional seizure of real estate amounting to KRW 800 million in the amount claimed by the Jung-gu District Court 2014Kadan50655, and received a provisional seizure order on the 28th of the same month from the above court on the provisional seizure of each real estate listed in the separate sheet owned by the Plaintiffs (hereinafter “each real estate of this case”), and completed the entry registration on the same day.

E. The defendant

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