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(영문) 대구지방법원서부지원 2017.09.06 2016가단10661

매매대금

Text

1. The plaintiffs' claims against the defendants are all dismissed.

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

Reasons

1. Basic facts

A. The Plaintiffs and Defendant D are F’s father, and Defendant E is the husband of Defendant D.

B. On July 30, 2014, F died with her total of six children, including the Plaintiffs and Defendant D, G, and H.

(hereinafter referred to as “the deceased”). (c)

Before the birth, the Deceased owned J apartment No. 303, 405 (hereinafter “instant apartment”) on June 24, 2013, the deceased entered into a sales contract with Defendant D to sell it to Defendant D at the price of KRW 125 million (hereinafter “instant sales contract”). On June 25, 2013, the deceased completed the registration of ownership transfer for the instant apartment under Defendant D’s name.

According to the sales contract made at the time of the conclusion of the instant sales contract, the down payment of KRW 45 million shall be paid on June 28, 2013 on the date of the contract, and the remainder of KRW 80 million shall be paid on June 28, 2013. Defendant D agreed to lease the instant apartment to the Deceased at KRW 20 million on June 28, 2013, and the monthly rent of KRW 20 million and KRW 7,200,000,000,000 for annual rent. In fact, Defendant D wired the deposit money to the Korean Standards D Bank account (Account Number K; hereinafter referred to as the “Korean Standards D Bank account”) of the Deceased (hereinafter referred to as the “instant case”). The deposit was transferred on June 24, 2013; KRW 5 million on June 27, 2013; KRW 7 million on June 28, 2013; and each of the deposit was transferred to the Deceased.

E. After Defendant D remitted the purchase price to the Korean Standards Bank account, the total amount of KRW 40 million was withdrawn on June 24, 2013 and June 25, 2013, and the amount of KRW 58480,000 was withdrawn on June 28, 2013. Of the above 5848, KRW 29688,000,000 was deposited in another Korean Standards Bank account (Account Number L) of the Deceased on June 28, 2013. The full withdrawal was made on three occasions on July 1, 2013 and July 2, 2013 and July 10, 2013. At the time of the withdrawal, the name of the Deceased was stated on the money withdrawal column as the name of the Deceased and the seal affixed thereon.