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(영문) 의정부지방법원 2021.01.05 2020가단100307

매매대금반환

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1. All of the plaintiffs' claims are dismissed.

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

Reasons

1. Facts of recognition;

A. 1) Defendant C was engaged in the business of building and selling accommodation facilities on the ground of the Incheon Jung-gu, Incheon. On August 22, 2018, Plaintiff A deposited KRW 1,000,000 in the account under the name of Defendant C in order to obtain the sale of the said accommodation facilities. On August 23, 2018, Defendant C deposited KRW 10,556,250 in the account under the name of the F Co., Ltd. (hereinafter “F”) designated by Defendant C (hereinafter “F”), and on August 24, 2018, concluded a sales contract with Defendant C and the said accommodation facilities G (Clllllll) with the same content as attached Form 1 re-sale (hereinafter “sale contract of this case”).

2) On October 31, 2018, Plaintiff A deposited KRW 17,334,375, a part of the first intermediate payment of the instant sales contract in the name of F.

3) Plaintiff A prepared a statement on the succession of rights and obligations to transfer the instant sales contract to Plaintiff B, but Plaintiff B rejected the transfer of the instant sales contract to Plaintiff B.

B. 1) Defendant D operated a business to build and sell living accommodation facilities on the ground of the Jung-gu Incheon Metropolitan City, and the Plaintiff deposited KRW 1,000,000 in the account under the name of Defendant D on January 3, 2019 to receive the sale of the said living accommodation facilities, and on January 4, 2019, Defendant D and the above living accommodation I (C) entered into a sales contract with the same content as attached Table 2 with respect to the said living accommodation I (hereinafter “instant sales contract”). On the same day, Defendant D transferred KRW 22,757,500 as the down payment and the intermediate payment to Defendant D’s account under the name of J, an employee.

2) In order to change the names of both parties to the sales contract No. 2 of the instant case to Plaintiff B, a new contract in which Plaintiff B entered both parties as Plaintiff B was entered, and on January 6, 2019, Plaintiff B rejected the transfer of the sales contract No. 2 of the instant case.

[Ground of recognition] Unsatisfy, Gap evidence Nos. 2 and 6, Gap evidence Nos. 10-1 and 2, the purport of the whole pleadings

2. Determination as to the cause of the claim