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(영문) 부산지방법원동부지원 2020.12.17 2019가단224230
해약금상환(기)청구
Text

1. Preliminary Defendant’s KRW 30,000,000 and its amount shall be 5% per annum from April 25, 2019 to December 17, 2020 to the Plaintiff.

Reasons

1. Basic facts

A. The primary Defendant is the owner of the first floor F and G of the building No. 1 in Suwon-gu, Busan (hereinafter “instant real estate”) and the primary Defendant is the primary mother of the primary Defendant.

B. Preliminary Defendant requested H to sell the instant real estate to an individual among real estate, and H introduced the instant real estate to the Plaintiff around April 20, 2019.

C. On April 24, 2019, H determined the purchase price as KRW 725,00,000 between the Plaintiff and the conjunctive Defendant. On May 7, 2019, H decided to prepare a sales contract by directly or by the primary Defendant, either directly or by bringing his power of attorney, with the Plaintiff, and ordered the Plaintiff to remit KRW 30,000,000 to the account in the name of the primary Defendant.

On April 24, 2019, the Plaintiff remitted KRW 30,000,000 to an account under the name of the primary defendant, and additionally remitted KRW 40,000,000 on the same day.

E. On May 2, 2019, the primary Defendant sent a content-certified mail to H, through an attorney-at-law, stating that “A preliminary defendant has not delegated the sale and purchase of the instant real estate to the preliminary defendant.” The Plaintiff’s account number is known.”

F. The Plaintiff filed an application for provisional seizure of real estate with the Seoul Central District Court 2019Kadan810289 against real estate owned by the primary Defendant by taking the claim for the repayment of the cancellation price of KRW 140,000 against the primary Defendant as the preserved right, and the said court rendered a provisional seizure on June 20, 2019.

Accordingly, the primary Defendant filed an objection against the Plaintiff as the same court 2019Kadan813793. On October 30, 2019, the said court revoked the provisional attachment order and rendered a decision to dismiss the Plaintiff’s request for provisional attachment on the ground that “it is difficult to deem that the sales contract was concluded lawfully and effectively between the Plaintiff and the primary Defendant.”

G. The primary Defendant filed an application with the Seoul Central District Court 2019Kao-36616 to determine the amount of litigation costs, and the above.

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