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(영문) 울산지방법원 2015.08.28 2014가단10419

매매대금반환

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1. Defendant B’s KRW 100,000,000 as well as 5% per annum from January 31, 2007 to August 28, 2015 to the Plaintiff.

Reasons

1. Basic facts

A. The Plaintiff is the spouse of Nonparty D, and the Defendants are the married couple.

B. On June 30, 2006, Defendant B acquired each land listed in the separate sheet 1 and 2 (hereinafter “instant land”) and the land listed in the separate sheet 3 (hereinafter “instant E”).

C. On December 4, 2006, the receiver was D and a cash storage certificate containing the following (hereinafter referred to as the “cash storage certificate of this case”).

- Par value: 84 million won - Principal amount: The par value shall be kept from December 4, 2006 to February 28, 2007, and promise to return on February 28, 2007 - On-site address: F purchaser vehicle in Ulsan-gun: G

D. (1) The Plaintiff, including the preparation of a sales contract, holds a sales contract (hereinafter “instant sales contract”) dated January 31, 2007, which includes the following. The seller’s “agent” refers to the name of “C” and “the receipt of the contract amount” refers to the Defendant C’s seal after the name of “C”.

- The seller will sell the land of this case to the buyer at the price of 100 million won.

-The remainder of 40 million won shall be paid on the contract date, and shall be paid on January 31, 2007.

- Seller and his agent: Defendant B, Defendant C-Buyer: Plaintiff (2) issued a cashier’s check at the face value of 40 million won to Defendant C on the same day.

E. (1) On February 15, 2007, on the instant land and the instant land, the registration of creation of a neighboring mortgage, which is the maximum amount of claims 100 million won, the mortgagee H, the debtor B, was completed.

(2) On the same day, the registration of the instant land and the instant land was completed following the registration of the collateral security by H, “the maximum amount of claims 100 million won, the mortgagee D, and the debtor B,” in the order following the registration of collateral security by H.

(hereinafter referred to as the registration of the collateral security in this case). [The ground for recognition] is without dispute, evidence Nos. 1, 2, and 3-1 to 4, and evidence No. 1.