정산금
1. The plaintiff's appeal is all dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
Purport of claim and appeal
1..
1. Determination as to the cause of claim
A. The following facts do not conflict between the parties, or may be acknowledged in full view of the purport of oral arguments as a whole as to each order to submit financial transaction information to the new bank of the first instance court, and each of the following facts is acknowledged: Gap evidence Nos. 1, 2, and 4-1, 5, Eul evidence Nos. 1, 2, and 5, Eul evidence Nos. 1, 2, 3, 4-1 and 4.
1) The Plaintiff and Defendant B are the same as the instant land, which is 488 square meters prior to Sungnam-gu Seoul Metropolitan Government D (hereinafter “instant land”).
(2) On March 21, 2007, the Plaintiff, E, and Defendant B owned one-half shares of each of the instant land, and the Plaintiff, E, and the Defendants respectively are married couple. (2) The Plaintiff and Defendant B conferred the power of representation on E in relation to the instant land purchase and sale, and on the same day, E, F, and G (hereinafter “F, etc.”) sold the instant land to the Plaintiff and Defendant B, etc. for KRW 80 million, and the purchase price was to be transferred to the account in the name of Defendant C (hereinafter “the instant account”).
(2) On March 21, 2007, F, etc., remitted KRW 800 million out of the above purchase price to the account as indicated in the table below. On March 20, 2007, KRW 100,000,000,000 for the first intermediate payment of KRW 250,000,000 on March 21, 2007, KRW 450,000 for the second intermediate payment of KRW 450,000 on April 30, 2007 and the relation between the Defendants, it is reasonable to deem that Defendant B received KRW 80,000,000 out of the purchase price of the instant land to the account of this case, barring any special circumstance, Defendant B is obligated to pay KRW 48,200,000,000 for the Plaintiff’s share (i.e., KRW 4820,000,00).
C. Furthermore, the Plaintiff asserts that Defendant C is jointly and severally liable with Defendant B to pay KRW 400 million to the Plaintiff, so long as he/she allows Defendant C to receive the purchase price of the instant land by using his/her account.
(b).