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(영문) 서울중앙지방법원 2016.01.29 2015가합22255
매매대금반환 등
Text

1. As to KRW 460,500,000 among the Plaintiff and KRW 347,000 among the Plaintiff, the Defendant shall from December 30, 2014 to October 6, 2015.

Reasons

1. Basic facts

A. On August 7, 2014, the Defendant: (a) on August 7, 2014, to the Plaintiff’s representative C, the Seoul Jongno-gu Seoul Metropolitan Government D large 84 square meters and the second floor in the ground (hereinafter “instant real estate”).

A) A sales contract was concluded to sell B worth KRW 770 million (in the event of a contract, KRW 70 million, KRW 17 billion, KRW 17 billion in the first intermediate payment, KRW 243 million in the second intermediate payment, KRW 30 million in the payment on October 30, 2014, and KRW 350 million in the remainder, KRW 350 million in the payment on April 8, 2015) (hereinafter referred to as “the first sales contract”).

(2) On August 7, 2014, the Plaintiff transferred the down payment of KRW 70 million to the Defendant E’s account.

B. On August 21, 2014, the Defendant and C agreed to change the amount and timing of the first intermediate payment into KRW 157 million and the second intermediate payment into KRW 193 million and November 30, 2014 (Evidence A9) (2) on August 22, 2014, the Plaintiff transferred the amount and timing of the second intermediate payment to E’s account 157 million on August 22, 2014.

C. On December 29, 2014, the instant sales contract was prepared and the intermediate payment was paid. On December 29, 2014, the Defendant sold to the Plaintiff the real estate price of KRW 770 million (227 million in the contract payment, the intermediate payment of KRW 120 million in the contract payment, and the intermediate payment of KRW 120 million in the payment on December 29, 2014, and the remainder of KRW 423 million in the payment on April 8, 2015) to the sales contract (Evidence 3; hereinafter “instant sales contract”).

2) On December 29, 2014, the Plaintiff paid an intermediate payment of KRW 120 million to the Defendant.

On August 31, 2015, the Plaintiff’s notice of cancellation was urged on several occasions by the Defendant to transfer ownership of the instant real estate, but the Defendant did not perform this, and thus, the Plaintiff rescinded the instant sales contract.

“The notification was made.”

The above notification reached the defendant around that time.

[Reasons for Recognition] Facts without dispute, Gap 2, 3, 7 through 10 evidence (including branch numbers, hereinafter the same shall apply), Eul evidence 1, and all pleadings.

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