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(영문) 서울중앙지방법원 2020.05.21 2018가합559666

손해배상(기)

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. The Plaintiff is the Defendant’s mother.

On January 9, 1996, the Plaintiff was the owner who completed the registration of ownership transfer with respect to the land and its ground house in Gwanak-gu in Seoul Special Metropolitan City (hereinafter collectively referred to as the “instant house”) and resided in the second floor of the instant house with his spouse D, and the area of the branch and the first floor were leased to others.

(2) On April 10, 2018, the Plaintiff concluded a sales contract with E and F to sell the instant housing.

The sales contract shall include a purchase price of KRW 840 million, and the down payment of KRW 80 million shall be KRW 300 million on the date of the contract, the intermediate payment of KRW 300 million on May 10, 2018, and the remainder of KRW 460 million on June 4, 2018, respectively.

E and F completed the registration of transfer of ownership on June 4, 2018 on the instant housing due to sale.

(3) On April 11, 2018, the Plaintiff purchased the H building I (hereinafter “new house”) from G to KRW 269 million, and completed the registration of ownership transfer on May 10, 2018, for a new house as a result of sale.

B. (1) The sales amount of KRW 80 million and the intermediate payment of KRW 300 million pursuant to the sales contract for the instant housing was remitted from E’s account to E’s corporate bank account.

At the Plaintiff’s corporate bank account, G, a seller of a new house, transferred the total of KRW 30 million on April 11, 2018 and KRW 269 billion on May 10, 2018 to G, a seller of a new house, to the purchase price for a new house.

Meanwhile, from the Plaintiff’s corporate bank account, KRW 10 million was deposited on May 10, 2018, and KRW 100,987,000 was deposited on May 29, 2018, and KRW 100 million was transferred to the Defendant’s account.

(See above evidence No. 3. (2) The Plaintiff, E, and F, on June 4, 2018, on the remainder payment date under the sales contract for the instant housing, are the lease deposit for the first and second floor lessees of the first floor and the second floor, out of the remainder of 460 million won.