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(영문) 의정부지방법원 2015.02.06 2014가합3518
보관금 반환
Text

1. Defendant G: (a) KRW 2,857,142 for each of the Plaintiffs and 5% per annum from June 3, 2014 to February 6, 2015; and (b)

Reasons

1. Basic facts

A. On April 10, 2006, Defendant G purchased the sales right of P Apartment Nos. 202, 404, and 94 (hereinafter “instant P Apartment”) on the land, which was constructed on the part of N, O and two parcels, from N, in KRW 94,00,00. On January 2008, the instant P Apartment was completed, registration of ownership was completed on January 21, 2008.

B. On June 18, 201, Defendant H (the husband of Defendant G) purchased the instant M apartment from Defendant I in KRW 145,000,000, and concluded a sales contract with Defendant I to pay the down payment of KRW 24,000 on the date of the contract, and to pay the remainder of KRW 121,00,000 on July 29, 201, and completed the registration of ownership transfer as to the instant M apartment after paying the down payment and the remainder to Defendant I pursuant to the said sales contract.

C. On June 7, 2013, Defendant G received KRW 10,000,00 from Q, the mother of Q, and KRW 10,000,000, out of the insurance proceeds received from interesting countries’ life, from Q, and deposited it periodically in Defendant G’s name.

Q died on February 24, 2014, and there were Plaintiffs and Defendant G as their successors.

[Ground for Recognition: Facts without dispute, Gap evidence 1 through 10, Eul evidence 3 through 24 (if there are serial numbers, including branch numbers; hereinafter the same shall apply)

(2) Each entry and the purport of the whole pleading

2. Determination as to the claim against Defendant G

A. The Plaintiffs alleged that the instant P Apartment was purchased by investing KRW 10,00,000 in Q and Defendant G, respectively, and around September 24, 2012, Defendant G agreed to return KRW 110,00,000,000, plus KRW 10,000,000, in Q’s above investment funds, as the market price of the instant P Apartment increased. ② On June 7, 2013, Q and Q were deposited in the agricultural bank account in the name of Defendant G, and on June 14, 2013, Q and Q were deposited in the agricultural bank account in the name of Defendant G, with KRW 10,00,00,000, out of the insurance proceeds received from Heung country’s bio-resources and Samsung Bio-resources, and Defendant G and Q agreed to return KRW 130,00,00,000 to the Defendant agricultural bank’s regular deposit account in the name of Defendant G, and the return of KRW 100,000.

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