계약금반환 등
1. The Plaintiff:
A. Defendant B’s KRW 130,000,000 as well as 5% per annum from July 10, 2015 to June 17, 2016.
1. Facts of recognition;
A. (1) On March 21, 2012, Defendant C lent KRW 95,00,000 to the Plaintiff, Defendant C said that it would lend KRW 190,000,000 to the Plaintiff, and if it fails to repay, it would be 500,000,000,000 after three months thereafter, Defendant C would be trusted and lent 500,000,000,000,000 to the land located in the electric housing complex located on the ground of the relevant forest site located in the Chungcheongbuk-gu, U.S. (hereinafter “instant forest”).
(2) The Plaintiff believed Defendant C’s horse was paid to Defendant C totaling KRW 95,00,000 from March 22, 2012 to March 27, 2012.
(3) On November 25, 2014, Defendant C was sentenced to a suspended sentence of one year for six months of imprisonment with prison labor, and the above criminal judgment became final and conclusive around that time. The above criminal judgment became final and conclusive around that time.
(hereinafter “instant criminal case”). (b)
In the instant criminal case, on November 24, 2014, the Plaintiff agreed to receive KRW 190,000,000 from Defendant C and the Defendants as the criminal agreement amount in the instant criminal case, and submitted a written application (No. 10-1) and an agreement (No. 10-2) to the Seoul Northern District Court.
(2) On November 24, 2014, the Plaintiff, Defendant C, and Nonparty E, who was duly delegated by Defendant B, drafted a security real estate sales contract (Evidence A No. 1, the Defendants recognized their authenticity as to the evidence No. 1) in order to secure the payment of the above criminal agreement, and the details thereof are as follows.
(hereinafter referred to as the “instant criminal agreement”) with the general term of the said agreement. Real estate sales contract (sale in lots)
1. Display location of real estate: Part of the land of 9-dong ground new building in a substantial district of Cheongju-si: Two floors of reinforced concrete structure, detached houses, and 40 square meters; and
2. Sales price: 350,000,000 won: 100,000 won in lieu of a loan granted by a purchaser (Defendant) in lieu of a loan granted by a purchaser (Plaintiff) and any balance received: 250,000 won.