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Reasons
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(영문) 의정부지방법원 2021.02.18 2020가단112911
원상회복 청구의 소
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1. The Defendant shall pay to the Plaintiff KRW 70,00,000 and the interest rate of KRW 5% per annum from June 20, 2017 to the day of full payment.

Reasons

1. Basic facts

A. On April 10, 2017, the Plaintiff and the Defendant paid KRW 250,00,000 among the apartment units on the ground of Yongsan-gu Seoul, Yongsan-gu, Seoul, for the purchase price of KRW 200,000 (contract deposit of KRW 20,000,000, intermediate payment of KRW 20,000, 210,000, and remaining KRW 210,000), and KRW 330,000,00 for the purchase price of KRW 4 E (20,000, intermediate payment of KRW 30,000,00 for the purchase price of KRW 280,00,00 for the remainder payment of KRW 280,00,00 for the remainder payment of KRW 5,000,00 for the purchase price of KRW 20,00 for the remainder payment of KRW 20,00,00 for the remainder payment of KRW 20,00.

B. The Plaintiff transferred KRW 15,000,000 as the provisional contract deposit on September 20, 2016, prior to the conclusion of the instant contract, and KRW 10,000,000 as the provisional contract deposit on November 3, 2016, and paid KRW 35,000,000 as the remainder of the contract deposit on April 10, 2017, which is the date of the conclusion of the instant contract.

(c)

On June 20, 2017, the Plaintiff paid a total of KRW 70,000,000 to the Defendant.

(d)

The Plaintiff and the Defendant agreed that the Defendant leased the instant house with respect to the payment of the remainder of the purchase price under the instant contract, and appropriated the lease deposit as part of the remainder after receiving the lease deposit from the lessee, and that the Plaintiff shall accept the lease deposit and pay it directly to the Defendant only

Since then, the defendant leased No. D to G, and thereafter leased No. 150,000,000 won for the lease deposit, E to H, and thereafter leased No. 250,000,000 won for the lease deposit, and F to the first center in the finance for the maintenance and improvement project of the Housing and Urban Guarantee Corporation, and received a total of KRW 560,000,000 for each payment.

E. The defendant

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