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(영문) 서울남부지방법원 2014.07.17 2012가합14457

약정금 등

Text

1. The plaintiff's claims against the defendants are all dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

Basic Facts

On March 3, 2006, the Plaintiff, Defendant B, and Defendant B, including joint purchase of real estate in the Plaintiff, Defendant B, and C, purchased each real estate listed in the attached Table 2 (hereinafter “each of the instant real estate”) from G (H prior to the name of each name: H) and I, in the purchase price of KRW 1.650 million, and the down payment of KRW 300 million shall be paid on the date of the contract, and the intermediate payment of KRW 300 million shall be paid on March 22, 2006, and the remainder of KRW 1 billion shall be paid on April 20, 2006 (the evidence No. 1; hereinafter “instant sales contract”). The Plaintiff paid KRW 200 million prepared by the Plaintiff on the day of the contract and KRW 100 million prepared by Defendant B as the down payment, and the buyer column of the sales contract entered the contract in the column of “non-party J. 1”.

(J) On March 31, 2006, the Plaintiff’s wife and the buyer’s name was additionally stated in the lower court’s order. The Defendant C also decided to participate in the purchase of this case, and the registration of transfer of ownership in the name of each party under each of the contract. On March 22, 2006, the intermediate payment of KRW 300 million was paid to the seller (the Plaintiff, Defendant B, and Defendant C’s contribution to purchase KRW 100 million, which was paid to the Defendant B prior to the conclusion of the above contract, as the purchase fund). On the application for permission for land transaction contract made on March 23, 2006, each of the real estate listed in the separate sheet No. 2, each of the instant real estate No. 750,000,000 won, and each of the real estate No. 100,000,000 won (hereinafter “Defendant B’s real estate”), and each of the real estate No. 310,000,00 won,00 won.

In addition, each sales contract executed on March 31, 2006 for the application for ownership transfer registration of each real estate of this case was executed on March 31, 2006, the purchase price of Defendant B’s real estate was KRW 715 billion, and the Plaintiff’s name is the Plaintiff.