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(영문) 인천지방법원 2015.07.28 2013가합18963

매매대금반환

Text

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

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

Reasons

1. Basic facts

A. On July 15, 2005, the Plaintiff entered into a real estate sales contract with the Defendants, D, E, and F with respect to the purchase price of H, I, J, K, L, M totaling KRW 1,611 in the name of Defendant B and G (hereinafter “instant real estate”) in the liquor located in Ansan-si around July 15, 2005, on the condition that the purchase price of the instant real estate is KRW 30 million on the date of the contract, and the down payment is KRW 30 million on the date of the contract, KRW 10 million on the date of July 29, 2005, KRW 170 million on intermediate payment, KRW 78 million on the instant real estate, and KRW 178 million on the remainder of the loans until December 28, 2005, and the Plaintiff entered into a real estate sales contract with the Plaintiff on December 28, 2005 on the remainder of the loans.

(B) At the time of the conclusion of the instant sales contract, the Plaintiff, the buyer of the instant real estate, as a special contract at the time of the said sales contract, entered into an agreement with the seller to preferentially pay the remainder of the sales proceeds. At the time of the conclusion of the sales contract, F entered into the sales contract as the seller’s name and address, resident registration number, and “G price,” and the Defendant B’s seal is affixed thereto, and then entered as “B,” and then attached C’s seal thereto. The broker’s name and seal was affixed to the remainder of KRW 500,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,00,000 won.