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(영문) 서울동부지방법원 2015.07.09 2014가단31081
예치금반환
Text

1. The Defendants jointly share KRW 2,390,242 with the Plaintiff, and Defendant B with respect thereto from July 8, 2014; and Defendant C with respect to the same.

Reasons

1. Basic facts

A. On March 5, 2012, the Plaintiff sold to the Defendants the share of KRW 850,00,000 in the price of KRW 12/54 out of the building and its ground lot of KRW 165 square meters in Dongjak-gu Seoul Metropolitan Government D (hereinafter “D”) and its ground lot of KRW 169 square meters, and the details thereof are as follows.

1) KRW 85,00,000 on the date of the contract, intermediate payment of KRW 210,000,000 on the intermediate payment of KRW 210,000 on the date of the contract, when returning the lease deposit, the remainder of KRW 55,000,000 shall be paid on May 29, 2012. 2) Bank loans shall be succeeded by the Defendants.

3) The Plaintiff and the Defendants are jointly owned with the Plaintiff and G, and the Plaintiff is obligated to register the transfer thereof in installments not later than the date of the remainder. B. The Defendants paid to the Plaintiff the most of the purchase price, such as the down payment, intermediate payment, and part of the remainder, etc., and are anticipated not to be divided into F. F. 169 square meters prior to the date of the remainder, the Plaintiff and the Defendants shall complete the registration of the transfer of ownership on June 18, 2012, with the share of 12/54 square meters in F. F. 169 square meters, and shall undergo the procedures of division under the supervision of the Defendants, but the said payment shall be suspended under the name of the Defendant’s deposit (hereinafter “the instant deposit”).

3) The Plaintiff agreed to pay the remainder to the Plaintiff (hereinafter “instant agreement”) after deducting the costs incurred until the completion of land division (hereinafter “instant agreement”).

(C) On June 18, 2012, the Defendants paid to the Plaintiff the amount calculated by subtracting KRW 23,434,550 from the deposit money out of the remainder of the sales price, and completed the registration of ownership transfer in the name of the Defendants on June 19, 2012. D. The Defendants filed a lawsuit against G on August 14, 2012, seeking a partition of co-owned property of the FF volume 169 square meters as Seoul Central District Court Decision 2012Ga217598 (hereinafter “instant partition of co-owned property”).

In the foregoing case, on October 10, 2012, F. F. 169 square meters as of October 10, 2012, the portion of F. F. 131 square meters was owned by G, and the current H. 38 square meters portion was divided into the shares of the Defendants.

E. The above D.

subsection (b).

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