정산금 반환
1. The plaintiff's claims against the defendants are all dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Basic facts
A. Defendant B and C are married, and the Plaintiff is the mother of Defendant C and the mother of Defendant B.
Defendant D Co., Ltd. (Gu E Co., Ltd.; hereinafter “Defendant Co., Ltd.”) is a corporation established and operated by Defendant B and C.
B. On December 20, 201, the Plaintiff owned a F 155 square meters and its ground building (hereinafter collectively referred to as “instant real estate”). However, on December 20, 201, the Plaintiff prepared a sales contract with the Defendant Company to sell the instant real estate in KRW 600 million.
Defendant Company completed the registration of ownership transfer on the instant real estate 21th of the same month.
C. On August 28, 2014, the Defendant Company sold the instant real estate in KRW 800 million to G, and on the basis, G sold the instant real estate in KRW 800 million.
9. 30. Completion of the registration of ownership transfer concerning the instant real estate.
【Non-contentious facts, Gap evidence 1 through 4, Eul evidence 7-1, 2, 3, and 8, and the purport of the whole pleadings
2. Determination as to the claim related to the instant real estate (as to the Defendant)
A. On September 25, 2009, the Plaintiff provided the instant real estate as collateral when H borrowed KRW 180 million from I into a business fund, and H applied for a voluntary auction on the instant real estate due to its failure to repay the loan, and requested the Defendant B and C to lend money to prevent it.
Defendant B and C promised to withdraw the above request for auction by repaying the above loan instead of H, and that the Plaintiff “I will dispose of the instant real estate with the knowledge of taxes, losses, etc. at the disposal of it, and then offer the remaining money if the real estate price is erroneously paid.”
Accordingly, Defendant B and C completed the registration of ownership transfer of the instant real estate in the name of the Defendant Company, and thereafter, Plaintiff B and C sold the instant real estate for KRW 800 million.
Therefore, Defendant B and C shall pay to the Plaintiff the remainder after deducting taxes, etc. from KRW 80 million.