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(영문) 수원지방법원 성남지원 2018.04.27 2015가합205754
매매대금반환
Text

1. Defendant B and Defendant C jointly share KRW 447,00,000 for the Plaintiff and the Plaintiff

(a) 149,000,000 among them;

Reasons

1. Facts of recognition;

A. On April 29, 2015, the Plaintiff entered into a contract with Defendant B Co., Ltd. (hereinafter “Defendant B”) for the purchase of KRW 1,490,00,000 for the 1,490,000 of the building E-dong 119, 402 (hereinafter “the instant real property”) of the building E-dong 119, 400, Sungnam-si (hereinafter “instant real property”). The Plaintiff paid KRW 149,000 for the intermediate payment of KRW 29,000 for the contract and intermediate payment of KRW 298,00,000 for June 30, 2015 (the remainder of KRW 1,043,00,000 for each payment as of August 5, 2015; hereinafter “the instant sales contract”) and paid KRW 149,000 for the same day the down payment.

B. As to the instant real estate, the registration of seizure was completed on April 21, 2015 (hereinafter “registration of seizure of this case”) with the Suwon District Court’s Sung-nam Branch’s registry office received on May 4, 2015, as the case No. 36626, Apr. 21, 2015.

C. On June 30, 2015, following the completion of the instant attachment registration, the Plaintiff paid an intermediate payment of KRW 298,000,000 according to the instant sales contract.

On August 12, 2015, the Plaintiff resisted the fact that the attachment registration of the instant real estate was completed, and on August 12, 2015, Defendant B drafted an undertaking (hereinafter “instant undertaking”) with the following content to the Plaintiff:

【Egrh 1】 Egrhesion of the instant Declaration

E. Defendant B failed to cancel the instant registration even around August 21, 2015, which was stipulated in the instant letter of undertaking, and on September 1, 2015, the Plaintiff sent to Defendant B a content-certified mail that would cancel the instant sales contract on the grounds of nonperformance, etc. (hereinafter “instant notice of cancellation”). The said mail reached Defendant B around September 3, 2015.

Meanwhile, at the time of the notice of cancellation of the instant case, the registration of provisional seizure was completed in the name of F, which is the claim amount of KRW 2,364,00,000, under the receipt of No. 68328 on August 20, 2015, as well as the registration of the instant seizure on the instant real estate at the time of notification of cancellation of the instant case, and the Suwon District Court’s Sung-nam Branch of Branch of Sungwon District Court was KRW 1,737,00,000 as of March 25, 2015.

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