beta
(영문) 부산지방법원 2017.09.19 2016가단69467

구상금

Text

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

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

Reasons

Basic Facts

D’s father D, in the course of the purchase of each of the instant real estate, purchased each of the instant real estate listed in Schedule 1, 2, 3, and 6 from E and F on November 19, 2004 from G (hereinafter referred to as “each of the real estate listed in the separate sheet”) at KRW 1,80,000,000, in sales price for the instant real estate. On December 15, 2004, E renounced the status of purchaser under the above sales contract and thereby, D became the sole purchaser under the above sales contract.

H purchased the instant 4 and 5 real estate from G on November 24, 2004 in KRW 120,000,000. D purchased the instant 4 and 5 real estate from H on January 26, 2005, and eventually became the purchaser of each of the instant real estate.

Around January 2005, when the Defendants invested KRW 8,50,000,00 in D with the purchase price of each of the instant real estate, D entered into an agreement at the time of the transfer registration for each of the instant real estate to the Defendants (hereinafter “the first agreement”). Accordingly, the Defendants paid KRW 425,00,000 to D on January 24, 2005 (i.e., KRW 850,000 x 1/2).

Since then, D did not request the Defendants to transfer their shares in each of the instant real estate under the first agreement, and the Defendants filed an application for provisional disposition with the court 2005Kahap824 on April 15, 2005 for provisional disposition on each of the instant real estate.

(2) The Defendants are subject to the provisional disposition of this case (hereinafter “the provisional disposition of this case”). The Defendants agreed on the settlement of their investment funds between D and D, and D are subject to the Plaintiff’s name on December 16, 2015. < Amended by Act No. 11904, Dec. 16, 2015; Act No. 10214, Dec. 1, 2015; Act No. 1020, Dec. 1, 2011>