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(영문) 수원지방법원여주지원 2017.06.13 2016가단4534
매매대금반환금등
Text

1. The Defendant: (a) KRW 20,152,225 on the Plaintiff and 5% per annum from November 9, 2016 to June 13, 2017; and (b) the Plaintiff.

Reasons

Facts of recognition

The representative C is the spouse of D, and D is the actual operator of the defendant.

On April 12, 201, the Plaintiff and E entered into a contract with the Defendant to purchase 4,000 square meters of forest land in the Franchi-gun of Chungcheongbuk-gun, which was scheduled to develop a housing site, at KRW 1,00,000, and to bear 1/2 of the sales amount.

In addition, the Plaintiff paid the down payment and intermediate payment to the Defendant pursuant to the above contract.

(C) Around August 22, 2013, the Plaintiff and the Defendant agreed to terminate the above sales contract and return the purchase price to the Plaintiff, as the Defendant’s housing site development was delayed and the Defendant intended to develop the forest as a housing site.

D On May 26, 2015, on August 31, 2015, a letter of commitment to pay KRW 330 million to the Plaintiff by August 31, 2015.

The Defendant paid KRW 20 million to the Plaintiff through G on May 26, 2015, and paid KRW 150 million to the Plaintiff on January 29, 2016, and KRW 130 million on June 16, 2016, respectively, and deposited KRW 20 million to the Plaintiff on November 8, 2016.

(Reasons for Recognition) Facts without dispute, Gap evidence 1 through 10, Eul evidence 1 through 5 (including each number), the purport of the whole pleadings.

The Plaintiff’s assertion by the Plaintiff is liable to pay the Plaintiff KRW 30,000 and interest rate of KRW 330,000 until August 31, 2015, as agreed to pay the Plaintiff a total of KRW 280,000,000 by June 17, 2016. As such, the Plaintiff is liable to pay the remainder of KRW 50,000 and damages for delay.

The sum of the purchase price actually received by the Defendant from the Plaintiff is KRW 300 million.

However, from July 27, 2012 to June 16, 2016, the Defendant paid a total of KRW 309,500,000 to the Plaintiff. On November 8, 2016, the Defendant deposited KRW 20,000 in the future of the Plaintiff and received all the purchase proceeds from the Plaintiff.

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