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(영문) 서울중앙지방법원 2014.10.31 2013가합511812

매매대금반환

Text

1. The Defendants pay KRW 4,496,729,067 to each Plaintiff.

2. The plaintiff's remaining parts against the defendants.

Reasons

1. Basic facts

A. The Defendants: (a) registered the instant land and buildings as desired goods in real estate brokerage services provided by our bank (hereinafter “Korea Bank”) for the purpose of selling the instant land, “instant land”, and the instant housing, and the two-story housing (hereinafter “instant building”) in Jung-gu Seoul, Jung-gu, Seoul, where the Defendants shared one-half shares; (b) registered the instant land and buildings as desired goods to sell the instant real estate brokerage services provided to customers.

B. On November 18, 201, the Plaintiff concluded a sales contract with the Defendants on the instant land and buildings through the said real estate brokerage service of the Bank (hereinafter “instant sales contract”).

As to the instant land and building, Defendant A (1/2) and B (1/2) as the seller (hereinafter “A”) and the Plaintiff as the buyer (hereinafter “B”) enter into a real estate sales contract as follows.

Article 2 (Sale Price and Time) The payment date of the contract deposit of KRW 500,000,000 shall be the intermediate payment of KRW 1,900,000 on the contract date, and the balance of KRW 2,380,000,000 within December 19, 2011; and KRW 4,780,000,000 in the aggregate of January 5, 2012; ② The sales price of KRW 5,780,000 shall be paid to A as follows:

(3) The sales price agreed to be paid by Eul to Gap shall be paid to Gap as a designated account (a depositor: A); and co-owners B shall agree thereto.

Article 3 (Obligation A) (1) At the same time, A shall deliver documents related to the authorization and permission process on this sale and purchase real estate to B, and shall cooperate in the related authorization and permission process.

Article 11 (Special Matters) B shall confirm in advance the relationship of rights, buildings, etc. of real estate related to this contract before death and shall agree to purchase real estate in the present condition.

Two copies of the contract shall be prepared to prove the above contents of the contract, and it shall be confirmed that there is no error between the parties.