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(영문) 서울동부지방법원 2019.07.18 2018가단142699
보관금
Text

1. The plaintiff (Counterclaim defendant)'s main claim and the defendant (Counterclaim plaintiff)'s counterclaim are all dismissed.

2. The costs of lawsuit;

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. In around 2017, the Defendants requested F, who operates the office of “E” on the D1st floor of Yongsan-gu Seoul, Yongsan-gu, Seoul, requesting F to trade brokerage of the G Site and Building owned by the Defendants (hereinafter “instant real estate”).

B. On July 6, 2018, Defendant C sent to F a text message, “The sale price of KRW 2.1 billion is KRW 2 billion to G owner, and the amount of taxes and fees shall be calculated in the lump sum consulting company.” On July 9, 2018, Defendant C deposited KRW 210 million to Defendant C’s account as the down payment.

C. On July 13, 2018, the representative of the Plaintiff, the Defendants, the F, and the H Licensed Real Estate Agent Office entered into a real estate sales contract (hereinafter “the instant sales contract”) with the Defendants selling the instant real estate at F’s above consulting office. However, the Defendants entered into a real estate sales contract with the terms of KRW 2.1 billion (in case of a contract, KRW 2.10 million, an intermediate payment of KRW 500 million, the contract amount of KRW 500 million, August 31, 2018, and KRW 1.39 billion, the remainder of KRW 1.39 billion, as of October 15, 2018) with the purchaser as “the number of persons other than the Plaintiff” (hereinafter “the instant sales contract”). In the form of the broker of the instant sales contract, the said I written as the broker.

On July 13, 2018, the date of the conclusion of the sales contract, Defendant C as indicated in the attached cash custody certificate of the Plaintiff, and the issuer prepared a cash custody certificate of KRW 100 million for Defendant C and one other (hereinafter “the cash custody certificate of this case”) and sent it to F.

E. On October 15, 2018, the Defendants: (a) received full payment of KRW 2.1 billion; and (b) concluded a new real estate sales contract in Chapter 10 with the content of trading KRW 210,000,000 of the Defendants’ share in KRW 1/10,000 to ten including the Plaintiff; and (c) accordingly, completed the registration of share transfer.

F. Meanwhile, Defendant C paid 100 million won to F on October 6, 2018 at the F’s consulting cost. Defendant C is the Plaintiff, a representative of the purchaser, in the instant cash custody certificate.

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