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(영문) 수원지방법원 2018.06.21 2017가단533118
소유권이전등기
Text

1. For the plaintiffs:

A. Defendant C received KRW 401,500,000 from the Plaintiffs and at the same time attached Tables 1 and 2.

Reasons

1. Basic facts

A. The Plaintiffs: (a) on June 30, 2017, the Defendant C and C paid the purchase price of KRW 506,500,000 KRW 100,000 at the time of the contract, and the remainder shall be paid at the time of the contract, with the purchase price of KRW 506,50,000.

8. The payment in 30.30.) The sale price of G and H’s two parcels of land owned by Defendant D and H is KRW 295,50,000 (the contract price of KRW 100,000 shall be paid at the time of the contract, and the balance shall be the remainder.

8. The sales contract for each purchase is concluded on 30.30 (payment) (hereinafter “each of the instant sales contracts”; each of the lands, which is the subject matter of the sale, is referred to as “each of the instant lands”; each of the lands is marked only with its parcel number.

(2) On the same day, each down payment of KRW 100 million was deposited into the Defendants. (2) On July 7, 2017, Defendant C sent to the Plaintiffs a certificate of content to the effect that the account number for repayment of down payment is known to the Plaintiffs. The above content certification was served only on Plaintiff B (the Plaintiff was returned on the ground that his address remains unknown). C. On July 12, 2017, Defendant C re-issued the text messages of the same purport as each of the above content certification to the Plaintiffs on the same day. On the same day, the Plaintiffs commenced the performance of the sales contract by paying part of the remainder of the remainder, etc., but on the other hand, Defendant C returned the amount of the down payment or prepared it in fact, etc., and thus, it is impossible to cancel each of the Defendants’ deposits to each of the Defendants’ respective accounts on the same date as the Plaintiff’s each of the following dates.

Defendant C intended to return to the Plaintiffs the amount of the down payment (20 million won) and the balance paid (200 million won) following the cancellation of the down payment on July 13, 2017, but the Plaintiffs refused to receive the payment.

‘The reason for the deposit' is the fact of the deposit.

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