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(영문) 서울북부지방법원 2017.09.07 2016가합1421
매매대금반환
Text

1. The Defendant shall pay to the Plaintiff KRW 261,00,000 and the interest rate of KRW 15% per annum from August 10, 2016 to the date of full payment.

Reasons

1. Basic facts

A. On November 13, 2015, the Plaintiff decided to purchase some of 231 square meters of the land outside Seocheon-gun, Chungcheongnam-gun and 23, and some of 330 square meters of the land outside Seocheon-gun, Chungcheongnam-gun, Chungcheongnam-do (hereinafter referred to as “instant real estate”), in total, KRW 261 million of the purchase price (hereinafter referred to as “instant sales contract”), and paid all the purchase price on the same day.

B. At the time of the instant sales contract, Cmiscellaneous land 222 square meters were owned by Saman Construction Holdings Co., Ltd., and D forest land 350 square meters were respectively registered as E, and Fri land was divided into the right to collateral security (the maximum claim amount of KRW 260 million) of the Hansan Credit Cooperatives (the debtor, E) and superficies, and the registration of seizure of the Republic of Korea, and the right to collateral security (the maximum claim amount of KRW 130 million), superficies, H’s right to collateral security (the debtor, the debtor, and the debtor), and H’s right to collateral security (the maximum claim amount of KRW 100 million), respectively.

C. Although the Plaintiff fully paid the sales price under the instant sales contract, the Plaintiff failed to obtain the registration of ownership transfer for the instant real estate from the Defendant, and began to demand the Defendant to cancel or cancel the sales contract and return the sales price from December 2015.

On January 13, 2016, the Defendant accepted the Plaintiff’s request for rescission, and prepared a trust deed with the following terms and conditions (hereinafter “instant trust deed”) between the Plaintiff.

Trust Deed

2. List of real estate - Part 70 square meters out of 23 parcels outside Seocheon-gun, Chungcheongnamcheon-gun, Chungcheongnam-gun, and part 100 square meters out of 7 parcels outside Dacheon-gun, Chungcheongnam-gun.

4. The content B (hereinafter “Defendant”) and A (hereinafter “Plaintiff”) concluded a sales contract of the said real estate normally, and from the end of November 2015, the seller requested the buyer to transfer ownership registration several times from the end of the seller’s request the buyer to the buyer. However, the Plaintiff failed to comply therewith, and requested the termination of the sales contract due to the Plaintiff’s circumstances, and the seller and the buyer agree both the seller and the Plaintiff as follows.

A. From February 2016, the Plaintiff’s ownership is set aside.

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