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(영문) 서울동부지방법원 2013.04.24 2012가단66007
아파트입주권 지불금 반환
Text

1. The defendant's KRW 98,000,000 and its amount shall be 5% per annum from September 16, 2005 to March 6, 2013 to the plaintiff.

Reasons

1. Around July 2, 2005, the Plaintiff paid KRW 10,000,000 as down payment, on July 13, 2005, as the Defendant agreed to purchase the occupancy right of apartment units of 33 square meters (exclusive floor area of 25.7 square meters) such as the lecture day, Sejong, and Madern District (exclusive floor area of 25.7 square meters), and on September 15, 2005, deposited KRW 10,000 as the Defendant’s deposit account (C) and paid KRW 78,00,000 in total with the said deposit account, respectively.

The defendant does not purchase the above apartment right even after receiving the above money. Thus, the plaintiff cancelled the above agreement by service of the copy of the complaint of this case and claimed damages for delay at the rate of 98,00,000 won paid to the defendant and 5% per annum from September 16, 2005 to the delivery date of the copy of the complaint of this case from September 16, 2005 to the delivery date of the copy of the complaint of this case, and 20% per annum under the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings from the next day to the full payment

2. Applicable provisions of Acts: Judgment by public notice (Article 208 (3) 3 of the Civil Procedure Act);

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