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(영문) 서울중앙지방법원 2014.06.26 2013가합549152
보증금반환
Text

1. The Defendants jointly and severally agreed to the Plaintiff KRW 200,000,000 and Defendant C with respect thereto from October 29, 2013, and Defendant D.

Reasons

1. Basic facts

A. (1) On February 14, 2011, between the Plaintiffs and the Defendants, the Plaintiffs entered into a contract for the sale of multi-household sales (transfer) of multi-household sales (transfer) between the Plaintiffs and the Defendants regarding 19 households with the exception of subparagraph 101 among the multi-family housing to be newly built and sold as an aggregate building on the F of Mapo-gu Seoul Metropolitan Government (hereinafter “instant building”) and the Defendant C engaged in the business of building and selling multi-household sales (hereinafter “E”), as the seller, and the Defendants entered into a contract for the sale of multi-household sales (transfer

(hereinafter “instant contract”). According to the Shesheet written contract, KRW 100,000 won of the intermediate payment shall be paid on April 5, 201 at the time of the contract, and the balance between the sales amount and the sales amount shall be in each column, but at the later time, 12 households shall determine the sales amount at each rate of KRW 35,00,000 per square year, and KRW 36,000 per square year, and KRW 7 households shall determine the sales amount at each rate of KRW 36,00 per square year, and the balance shall be paid by December 31, 201, and the transfer of ownership registration shall be completed by the end of December 2012.

Defendant C, at the time of the above contract, stated the name of Defendant D and affixed his seal on the “seller” column printed on the bottom of the above contract with Defendant D’s consent, and then, the “joint seller” column printed below stated its name and affixed his seal.

B. (i) The Plaintiffs paid to Defendant D a total of KRW 200,000,000,000, ordered as down payment and intermediate payment under the instant contract.

The building of this case was newly constructed and the registration of ownership preservation was completed on June 20, 201.

Defendant D sold 19 households which are the object of the instant contract to a third party from May 201 to April 2013 and received the payment directly. The Plaintiffs partly participated in the process, and the following reasons are as follows.

Article 25(1) of the Civil Act (amended by the Presidential Decree No. 2011)

6. The defendant with respect to five households until the first patrol officer.

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