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(영문) 서울중앙지방법원 2016.07.12 2014가단5350111
계약금반환 등 청구의 소
Text

1. Defendant E, H, I, andO respectively are KRW 3,00,000 for the Plaintiff, and Defendant E, H, and I are the Defendants from December 30, 2014.

Reasons

1. Facts of recognition;

A. Q Co., Ltd (hereinafter “ Q”) entered into a credit transaction agreement with the bankrupt company Es Savings Bank (hereinafter “Es Savings Bank”) on May 29, 2008, KRW 6 billion from the above savings bank, KRW 1.5 billion on June 23, 2009, and KRW 1 billion on January 28, 2010, to raise funds necessary for the apartment housing development project of KRW R in Scheon-si. The said loan was executed on each day.

B. Q entered into a contract from April 2008 to April 2009 to purchase each real estate indicated in the following table “subject real estate” column from the Defendants, with the money loaned as above in order to prepare the business site, and Q paid the Defendants the money indicated in the following table “contract deposit” as down payment:

(However, in the case of Defendant P, there is a dispute between the parties regarding the amount of the project. However, Q did not implement the project any longer under the condition that the sales contract was concluded only on half of the 119 parcels of the project site.

R AB CDD E F H HaJ K L N P P Y V Y AC AE AE AE AE AG AH RJ

C. Q transferred to AK’s wife, who performed the business of purchasing the said real estate on October 10, 201, a claim for refund of the purchase price to the seller following the cancellation of the real estate sales contract.

AL filed a lawsuit against a real estate seller on September 10, 2013 for a claim for the refund of the purchase price, and the Defendants of the instant case became final and conclusive to pay the amount equivalent to 80% of the purchase price already paid to AL.

(C) Jinwon District Court Jinwon Branch 2013Gahap2156, hereinafter referred to as "relevant case").

Defendant A, B, C, D, E, F, G, K, L, M, N, andO were the Defendants in the relevant litigation and were the parties to the said compulsory adjustment decision.

However, in the related litigation, Defendant F voluntarily returns the down payment to AL immediately after filing the lawsuit, which is not a party to the compulsory mediation decision, and Defendant FO.

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