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(영문) 의정부지방법원고양지원 2015.06.19 2013가합53786

계약금등 반환

Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. On July 20, 2004, the Defendant entered into a sales contract with Nonparty D’s agent E, with the purchase price of KRW 12,992m2 (hereinafter “instant land”) from Defendant and two other parties, for the purchase price of KRW 1.375 million at the time of strike, and the down payment of KRW 200 million at the date of the contract, and the first intermediate payment of KRW 300 million at the time of the first intermediate payment of KRW 300 million on July 30, 2004; the second intermediate payment of KRW 50 million on August 31, 2004; and the remainder payment of KRW 375 million on October 30, 2004 (hereinafter “instant sales contract”); and the purchase price column of the said sales contract includes the “Defendant and two other parties.”

B. At the time of the instant sales contract, the owner of the instant land was Nonparty G, and the Defendant concluded the instant sales contract with the documents of agreement, such as the waiver of ownership, etc., received from G who lost the instant lawsuit against D with respect to the instant land.

C. The Defendant paid the down payment of KRW 200 million and the first intermediate payment of KRW 300 million on the side of D in accordance with the terms of the instant sales contract.

Plaintiff

B on August 30, 2004, remitted 160 million won to the Defendant, and only KRW 70 million among them remitted as part of the second part of this case.

E. On August 30, 2004, the Defendant issued and delivered one copy of the check amounting to KRW 30 million, including KRW 70 million received from Plaintiff B, and KRW 50 million, respectively, on September 1, 2004 following the following day, and issued and delivered one copy of the check amounting to KRW 120 million, and KRW 180,000,000 as KRW 180,000 and KRW 380,000 as KRW 180,00,000, respectively, to Plaintiff B as the second part of the check.

F. On September 1, 2004, Plaintiff B withdrawn KRW 70 million from his account, and then issued and delivered two copies of a check giving rise to KRW 40 million, 10 million, and 10 million, respectively, as part of the intermediate payment of this case, to E.

G. On September 1, 2004, Plaintiff A shall pay KRW 30 million from its account.