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(영문) 광주고등법원(전주) 2016.01.21 2014나3790

계약금반환

Text

1. The judgment of the court of first instance is modified as follows.

Defendant (Appointed Party) and Appointed Party B shall be jointly conducted.

Reasons

1. Basic facts

A. On October 14, 2013, the Plaintiff (designated parties; hereinafter “Plaintiffs”) and Appointors D (hereinafter collectively referred to as “Plaintiffs, etc.”) jointly purchased KRW 120 million on the contract date and KRW 120 million on the remainder of the contract date and KRW 120 million on the contract date, Defendant and Appointors B (hereinafter collectively referred to as “Defendants, etc.”) and Defendant et al., jointly owned (hereinafter referred to as “Defendants, etc.”) and KRW 58 square meters, 24 square meters, 24 square meters, 294 square meters, 290 square meters, 39 square meters, 29 square meters, 39 square meters, and 1,200 million (hereinafter referred to as “instant land”). The sales contract should be paid to Defendant 13,1300,000 won on the same date (hereinafter referred to as “the down payment”).

B. Around November 2013, the Plaintiff et al. visited the Plaintiff, etc. of the Seoul Agricultural Cooperative Co., Ltd. and the Hancheon Saemaul Savings Depository, respectively, in order to prepare a balance from the loan of a financial institution. Around November 201, the Plaintiff et al. responded to the Plaintiff that the amount of appraisal of the instant land is KRW 570 million to KRW 730 million and the amount of appraisal of the instant land is merely KRW 80 million and thus the Plaintiff may be 456 million to KRW 584 million and KRW 84 million.

C. When the Plaintiff et al. was unable to obtain a loan of KRW 900 million from a financial institution as collateral, the Defendant et al. did not pay the balance to the Defendant et al. by the payment date of the balance under the instant sales contract, and on February 12, 2014, the Defendant et al. sent to the Plaintiff a notice stating that “The Plaintiff et al. did not pay the remainder of KRW 1.1 billion until the remainder payment date, so the Plaintiff et al. did not pay the remainder of KRW 1.1 billion to the Plaintiff on the ground of the reasons for the payment of the remainder (performance of obligations) by the Plaintiff et al., and the said notice

[Reasons for Recognition] Gap evidence Nos. 1 and Gap evidence No. 2-1 to 5.